Tree Root Encroachment Nuisance Abatement Upheld

A lower court had ordered the removal of encroaching tree roots and branches causing damage to a neighbor's property, based on a finding that the overgrowth constituted a genuine nuisance interfering with the neighbor's right to use and enjoy their land, despite the defendant arguing the action was disproportionate. The high court upheld the lower court's decision, reasoning that the right to property includes the right to demand the cessation of proven nuisances caused by a neighbor's property, and the judicial assessment of the necessity and proportionality of abatement measures, based on factual findings of demonstrable harm, was within the lower court's discretionary power and did not constitute an abuse of rights.