Maine Supreme Judicial Court

2023 ME 59 Alan R. Atkins et al. v. Marie F. Adams et al

Affirming trial court’s order on summary judgment in favor of clients and holding that, under the common law, property owners have the right to cut any part of a non-boundary tree that encroaches onto their property, regardless of how their actions affect the tree.

Subject matter: Maine Declaratory Judgments Act; Injunctive Relief; Property Rights.