Trespassing Trees.

Poverty Bay Herald, Volume XXVI, Issue 8416, 16 January 1899, Page 4

Trespassing Trees.

A vnkjue law case Mas contested last month in South Australia. The plaint llV isan amateur gardener residing in Adelaide, and had planted a row oi pepper trees about ISm from the fence. As the treegrew the owner trimmed the bianohe^on one >-i(lc. while his neighbor, the defendant, attended to the other. The roots of tho pepper tree-; advanced as far as tiOft into the defendant's mir.-en g.uilen, and naturally pi dviml troublesome by taking aw.iv plant food finm his tiees anil A trench was dug along the fence, a quantity of coai.-,' -alt emptied in and tilled up again, v, ith the result that a number ot tintm"i were killed. The owner sued for damage to hi- tree-, and the defendant put in .1 counter claim for damage nf shrub.-. in his g.udrn -md m ir.-ery. The Chief .)u<tiu\ hefoir vlinm the case -u.i- tiieil, vi«iU'd the spot .md made raieful cx.uiiination« in the pre-rnrcofknvvei- ami experts, and. after e\'pri'-- ing stupiNe that no i-a-e nf the kind had every arisen before in Imil'l.uul or here, advi>ed the patties to come together, hi.- opinion being to ilie elf'eet that— 1 1) A man has a perfect light to plant trees clo-e to his boundary, ""hut if the Jimb* overhang the noiyiiborVpiopcrlv the neighbor can cut off the overhanging put, oi give the owner nuticc to do bo. If he cuts the branches he must, if required, throw them into the owner's pioperty; he has no right to them. (2) The same rule applies to the roots. The neighbor can dig a trench and cut the lint- on his boundAry, or he m.iv call on tl» .nwncr to prevent thorn from tiop.ibf.iix.' on hib property, or if the routs arc aliened

[ to trespass he can claim damages if an)' is done. But lie. must not apply any foreign substance to the soil even in his own property which spread into tho owner's land or will be carried by the sap into the trees, and so damage or kill them. The case thus resolved itself into this : Th:: plaintiff was entitled lo damages to the amount of the loss lie had sustained from the trespass of the roots of the plaintiff's trees, and should the latter continue to allow the roots of his treds to trespass the defendant could recover further damages. The parties conferred, and decided lo atop proceedings, bear their own losses, and pay their own costs, and the plaintiff promised lo remove the pepper trees.