Fancher v. Fagella
Supreme Court of Virginia
650 S.E.2d 519 (2007)
Fancher (plaintiff) and Fagella (defendant) owned neighboring houses. The roots from a tree in Fagella’s yard grew significantly and damaged a retaining wall between the properties, damaged Fancher’s patio, blocked Fancher’s sewer and water pipes, and damaged the foundation of Fancher’s house. In addition, the tree’s branches grew onto Fancher’s roof, causing leaves and debris to fall into his gutters. Fancher brought this suit for injunctive relief compelling Fagella to remove the tree. The circuit court denied injunctive relief because such relief was historically precluded in Virginia in cases involving roots and branches of trees. Fancher appealed.
Rule of Law
Holding and Reasoning (Russell, S.J.)
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