A property owner brought a nuisance action against her neighbors because the branches of a cedar tree on their property extended over her property, dropped leaves and needles on it, and threatened to damage her home. The Court of Appeals ruled that the owner presented enough evidence in support of her claim to defeat her neighbors' motion to summarily dismiss it without a trial.
RCW 7.48.010 defines an actionable nuisance as "whatever is injurious to health or indecent or offensive to the senses, or an obstruction to the free use of property, so as to essentially interfere with the comfortable enjoyment of the life and property." The Court noted that tree branches extending over adjoining land can constitute a nuisance, but it pointed out that damages must be proved in order to support a legal claim. In this case, the plaintiff presented evidence that the tree branches shed profusely on her yard and interfered with her use and enjoyment of the property. She also presented evidence that the size and location of the tree's branches posed an increasing danger to her home. As a result, the Court ruled that her nuisance claim must be allowed to proceed to trial.
