The Appellate Division in Scannavino v. Walsh, Docket No. A-0033-14T1 App. Div., April 14, 2016,), a precedential decision, clarified that the Restatement (Second) of Torts—(as opposed to the Restatement (Third) of Torts—governs property nuisance claims in New Jersey.
The Scannavino case involved a claim by an adjoining property owner that the “careless, negligent and grossly negligent maintenance” of his neighbor’s trees caused damage to a retaining wall on his property. Specifically, the plaintiff alleged that the defendants “improperly allowed the roots of trees on their property to cause damage to a retaining wall between the parties’ properties.” The Law Division held that because the defendants did not plant or preserve the trees, they constituted a “naturally occurring condition” for which the defendants were not liable. The Appellate Division affirmed.
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