Trees: The self-help approach

By Julian Dunster ( February 28, 2020, 10:37 AM EST) -- Tree branches and roots growing across a property line are a common source of nuisance between neighbours. (Lemmon v. Webb (1894)) is the foundation of what is known as the self-help rule. Several large trees growing on the plaintiff’s land had branches overhanging onto the defendant’s property. The defendant, Webb, without notifying the plaintiff, and without trespassing onto the plaintiff’s land, cut several branches back to the boundary line. The court upheld the right of the defendant to cut back the branches. The defendant did not trespass on to the tree owner’s property to do the cutting. The court did not require the tree trimmer to notify the tree owner prior to making the cuts....