Home > Real Estate Law > Way v. Wolff (Unpublished) Confirms Nuisance for Hazardous Eucalyptus Trees

Way v. Wolff (Unpublished) Confirms Nuisance for Hazardous Eucalyptus Trees

In Catherine Way v. Anne Wolff, Case No. A125581, the First Appellate District affirms a Trial Court’s Judgment finding that Eucalyptus Trees are hazardous and subject to a permanent injunction.  The Trial Court determined that the Eucalyptus Trees were a public nuisance, and ordered the nuisance abated by the trees being removed.  The First Appellate District affirmed the decision.  The appellate case was just decided on March 30, 2010, so the opinion has not yet been published and cannot be officially cited.  However, once published it may be somewhat of a landmark decision for property owners concerned over the extreme hazards presented by Eucalyptus Trees on adjacent property.

The Court noted the numerous experts involved in the litigation, and the undisputed testimony that the Eucalyptus Trees dropped continuous debris, broken branches, were extremely overgrown and in danger of toppling over in the wind, and were a fire hazard, all of which could result in loss of life or property damage.  The Eucalyptus was considered a “pyrophytic” tree, or in other words, a tree with a high fire danger!  Based on Civil Code Section 3479, a nuisance is in general, anything that is injurious to health, or is indecent to the senses, or an obstruction of the free use of property, so as to interfere with the comfortable enjoyment of life or property.  The Appeals Court correctly found that these large and overgrown Eucalyptus Trees constituted substantial and unreasonable interference to the neighbors, and that the owner’s failure to maintain them was also negligent.

Nothing herein should be construed as legal advice or creating any attorney-client relationship. Please consult with an attorney for specific legal advice. Thank you.

All Rights Reserved © 2010 by Michael L. Mau, Esq.

The Mau Law Firm

Blog: http://maulaw.spaces.live.com

Website: www.MauLaw.com

Categories: Real Estate Law
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