Court Notes

By: Sean Rieger

Shiel v. Rowell (Supreme Court of Massachusetts, July 2018)

Background: The Rowells own the property adjacent to the Shiel property. On the Rowells’ property sits a one-hundred-foot-tall tree with branches reaching and hanging over Shiel’s property. Shiel sued the Rowells with claims of private nuisance and trespass after the tree allegedly caused algae buildup and further damage to Shiel’s roof and the Rowells refused to cut it down. Shiel sought money damages for the damage to her roof and an injunction demanding that the overhanging branches be cut back.

Evidence: The facts apparently determined that the large tree was healthy and did not have any indication that it was unhealthy or would present the foreseeability of imminent harm to the neighbor.

Court Ruling: The court applied a long-standing rule that a landowner may not hold a neighbor liable for damage caused by that neighbor’s healthy trees, Landowners who are disturbed by their neighbor’s trees are not without recourse. A property owner retains the right to remove so much of the tree as overhangs his property.

Bergeson v. W. Frontier Condos HOA, Inc., (Arizona Court of Appeals, Oct. 2020)

Background: In 2005, the owners of a condo unit rented their unit to a tenant. In 2006, with the condo owners’ permission, but without seeking permission from the governing Condo Assoc., or providing any notice what she was doing so, the tenant replaced an over

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