Morgan v Kyatt - [1962] NZLR 791

Tort — Nuisance — Roots of trees encroaching on adjoining property — Trees not planted by present owner — Whether liable in damages — Whether exonerated by fact that neighbour knew of encroachment when he bought his property — Whether duty on neighbour to abate nuisance.

Fences and boundaries — Trees — Encroachment of roots — Trees not planted by present owner — Neighbour knowing of encroachment when buying property — Whether owner of trees liable in nuisance — Whether duty on owner to abate nuisance.