Encroaching Tree Nuisance and Trespass Action Dismissed for Lack of Actual Harm

A landowner brought an action against a neighboring property owner, alleging that a tree encroaching onto their land and into the airspace above it constituted a nuisance and a trespass, seeking its removal and damages, but the lower courts rejected the claim, finding that the mere existence of overhanging branches, without evidence of actual harm or damage to the claimant's property or its enjoyment, did not constitute an actionable nuisance or trespass under the relevant civil code provisions. The appellate court correctly determined that while a neighbor has the right to trim overhanging branches up to the property line, the established jurisprudence requires actual, material harm or obstruction to property enjoyment to support a judicial order for removal or compensation based on nuisance or trespass, leading the high court to uphold the dismissal of the complaint.