Alan R. Atkins v. Marie F. Adams

Summary

The court affirmed summary judgment declaring that the owners of property adjoining a non-boundary tree may cut or remove any portions of the tree that encroach onto their property, even if the removal damages or kills the tree. It held that the common law provides an unconditional self-help right in this circumstance and therefore rejected the requested declaratory and injunctive relief. No separate opinions were filed.