Property Law Keyed to Singer
Fancher v. Fagella
Fancher and Fagella are neighbors. Fagella’s property is higher than Fanchers property. There is a masonry wall that separates the two properties. On Fagella’s property that is a large tree. The roots of the tree cause damage to the wall, the underground water, sewer pipes, and to the bricked that lay on the floor of Fancher’s patio. The branches leave debris on the roof and rain gutters causing problems. Fancher tried self-help remedies by repairing everything but the problem is more than he is willing to handle. Fancher brought an action requesting the court order Fagella to remove the tree and pay Fancher for the damages to his property.
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