Khyatt v Morgan - [1961] NZLR 1020

Tort — Nuisance — Encroachment of roots of trees — Nuisance not trespass — Continuing nuisance — Liability of occupier of property from time to time on which trees growing — Commencement of cause of action.

Practice — Injunction — Encroachment of roots of trees — Nuisance, not trespass — Mandatory injunction available.

Fences and boundaries — Trees — Encroachment of roots — Nuisance, not trespass — Continuing nuisance — Mandatory injunction available — Liability of one who continues but does not create nuisance — Commencement of cause of action — Principles regarding overhanging branches applicable to encroaching roots.