Monday, April 18, 2011

You Must Cut Down the Largest Shrubbery in the Neighborhood

. . . with an injunction: Granberry v. Jones, 188 Tenn. 51 (1949). Unfortunately for the complainant, injunctions are not much more useful against shrubs than herrings against trees (but the court does provide a nice primer on the law of nuisance and hedges: "‘it has been held that no landowner has a cause of action from the mere fact that the branches of an innoxious tree, belonging to an adjoining land owner, overhang his premises, his right to cut off the overhanging branches being considered a sufficient remedy").

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