Fancher v. Fagella
Supreme Court of Virginia
650 S.E.2d 519 (2007)
Relevant factsFree
Fancher (plaintiff) and Fagella (defendant) owned adjoining properties; roots from a tree in Fagella's yard grew so large they damaged a shared retaining wall, cracked Fancher's patio, blocked his sewer and water pipes, and damaged his home's foundation, while the tree's overhanging branches dropped leaves and debris into Fancher's gutters. Fancher sued for an injunction forcing removal of the tree, but the circuit court denied relief, citing Virginia's traditional rule that equitable relief was categorically unavailable in root-and-branch nuisance cases.
IssueFree
Whether a court may grant injunctive relief in a nuisance case involving a neighboring tree's encroaching roots and branches.