28.8 Encroachment by Vegetation Objects

• Jurisdiction: Arizona

28.8 Encroachment by Vegetation Objects. Generally, a plaintiff must show injury in order to seek recovery by encroaching vegetation. If recovery is possible, a plaintiff can seek both damages and injunctive relief to prevent future or ongoing trespass. In Cannon v. Dunn ,⁸¹ roots from the defendant’s tree invaded the subsurface of plaintiff’s land. The plaintiff sought both injunctive relief and money damages. The court denied injunctive relief, stating “[w]hen some actual and sensible or substantial damage has been sustained, the injured landowner may maintain an action for the abatement of the nuisance. However, where no injury has been sustained, no action may be...