Tort Law
VA High Court Plants Seed for More Tree Suits
Two neighbors whose relationship soured over a sweet gum tree have established new precedent in Virginia.
The state supreme court ruled (PDF) on Friday that the owner of a tree deemed to be a nuisance “may be held responsible for harm caused to [adjoining property], and may also be required to cut back the encroaching branches or roots,” the Washington Post reports.
Under prior law, a neighbor could be liable only if his tree was “noxious” and caused “sensible injury.”
Homeowner Richard Fancher had claimed in his suit that the roots of his neighbor’s sweet gum tree had damaged a wall between properties, blocked sewer and water pipes, and impaired the foundation of his home.
