Lemon v. Curington

KEETON, Chief Justice.

Plaintiffs and defendant own adjoining land with a common boundary. Defendant’s predecessors in interest, in 1902, planted on the common boundary two poplar trees which have now grown to approximately four to five feet in diameter at the base; the trunks of the trees now extend upon the property of plaintiffs a distance of two or more feet, and four to five feet from a dwelling owned by plaintiffs. The branches have a spread of approximately thirty feet and project onto plaintiffs’ land. The court found that the roots are surface feeders and the roots of •one of the…