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In the Shade of a Tree Page 4 Reprinted by permission of Bench & Bar of Minnesota, Steve Pihlaja and Lorrie Stromme, March 2002 September could make the tree vulnerable to oak wilt, a virulent disease. Or pruning a tree's roots could destabilize the tree and cause it to topple over. · Advise your client to seek the opinion of a certified arborist, a specialist in the care of individual trees, about the tree's condition. Look in the Yellow Pages under "tree service," and look for the arborist's membership in professional organizations, such as the Minnesota Society of Arboriculture (MSA), the International Society of Arboriculture (ISA), or the National Arborist Association (NAA). The trend in tree law is toward the California Rule or "self -help nice." Minnesota courts have not expressly adopted the California Rule, but it appears to be a natural outgrowth of Holmgren v. Bergin, supra. In appropriate circumstances, a neighbor who is being injured by a nuisance may protect himself by unilaterally abating the nuisance. However, the abater must act in a reasonable manner at reasonable time, and must avoid causing foreseeable injury to the tree. A showing of malice on the part of the abater evidences a strong indication that the self -help was unreasonable.7 Leaves Happen. Another area of contention is tree debris: leaves, acorns, fallen fruit, branches, sap. There is not a Minnesota case directly on point. However, other jurisdictions have recognized that the natural growth of trees includes shade, invading roots, leaves, and overhanging boughs,8 and that liability is reasonable when there is "sensible damage,"9 such as a damaged roof, not mere debris from a healthy tree. Your client, who is sick and tired of sweeping the apple blossoms off his driveway after they have fallen from his neighbor's tree, probably has no cause of action. Going to court to have the neighbor ordered to pick up fallen debris is not practical or economical, and is probably why there is not much precedent on this issue. Fruit of the Neighbor's Tree. Neighbors may disagree as to who has the right to the apples or other fruit growing on an encroaching tree branch. The rule of thumb is that if the tree trunk stands in a neighbor's yard, all of the fruit wherever it is hanging belongs