California Court of Appeal

In a dispute between adjoining property owners over trees at or near their common border action for private nuisance based on spite fence statute, Civil Code section 841.14, and ordinary nuisance, sections 3479 and 3481, judgment and order of injunction by trial court is reversed where: 1) a row of trees can be a structure in the nature of a fence for purposes of section 841.4; and 2) special jury verdict was defective such that plaintiffs were not entitled to an award of damages.

Appellate Information

• Argued 04/15/2011
• Decided 04/15/2011
• Published 04/15/2011

Judges

• BENKE

Court

• California Court of Appeal

Counsel