Table of Contents
- My neighbour cut my tree in Oregon
- What happens if I cut my neighbour’s tree down in Oregon?
- If a tree is cut down on my property by a neighbour how much money should I receive in damages?
- If your property was damaged click here to see if you might have a case.
Oregon does not have a tree law that prohibits neighbours from cutting down trees that hang over the property line or on property lines unless the tree is protected by the city ordinance. Either you or your neighbour can cut back the branches overhanging the property line, even if it kills the tree and it falls on your neighbour’s land.
According to the Oregon State Bar Association: “Under the common enemy law, a landowner or person in possession or control of the land can cut down or destroy any tree or shrub that is growing over their property line without being liable to damages.”
My neighbour cut my tree in Oregon
In the State of Oregon, if your neighbour cuts down any tree on your property without prior consent, they have committed a criminal offence. Even if it is a tree that has been dying or causing damage to their property, they are responsible for compensating you.
My tree branches overhang my property in Oregon
In most cases, no matter what the tree is, if any branch overhangs a neighbour’s property, the owner of the property will have the legal right to a tree trimming. The owner may choose to trim the branches or even remove the part that hangs over his property line.
My neighbour damaged my tree on my property in Oregon
The Oregon tree law requires a neighbour to receive permission from the owner before cutting or trimming a tree on someone else’s land. Such permission is obtained by allowing the person who owns the property to inspect the tree for damage that may be done to the tree. Once the inspection has been completed then the owner of the property will know if there is any damage and he/she can then take action against you in court.
Damaged trees fall under the “Right to Farm” in Oregon. Unless you have proof that it was malicious or deliberate, there is no recourse. It is considered an act of god.
My neighbour’s tree roots or branches damaged my property in Oregon
Your neighbour’s tree roots or branches damaged your property in Oregon, and now you’re wondering who is responsible for the cost of repairs. Oregon law is different from most states in that it does not hold property owners liable for damage caused by the natural elements, such as rain, snow, wind and the sun. This includes trees, so your neighbour has no legal obligation to maintain his trees in a way that prevents them from damaging your property. However, if he was aware that a large tree could fall on your fence or house — say a branch had already fallen — then he may be liable.
Can my neighbour make me cut my tree?
In Oregon, unless your trees are designated as a nuisance, your neighbour can’t make you trim or remove them. If your tree is a nuisance (such as if it blocks light getting to the neighbour’s property), the neighbour can trim it up to the property line.
Technically, yes. A neighbour has every right to make requests, but they can’t force you to cut down your tree. If they request that you cut the tree, they have to take legal action and argue their position in court because neighbours don’t have the right to a view or sunlight.
How can I get my neighbour to cut his dead tree in Oregon?
In Oregon, neighbours are required to pay half the cost of tree removal if a natural or diseased tree falls over the property line. If it falls into your yard, you’ll be required to hire a professional arborist to assess the health of the tree and its viability for saving.
What happens if I cut my neighbour’s tree down in Oregon?
The law in Oregon generally assumes that trees located on the property of one person belong to that person. Similarly, you have no right to cut down or even trim any tree on your neighbour’s property.
If a tree is cut down on my property by a neighbour how much money should I receive in damages?
There is no requirement in Oregon law that a neighbour gives you prior notification of their intent to cut down a tree. If the tree is infested with bark beetle, the neighbour could be required to pay $1,000.00 plus the costs of clean up but would not likely have to compensate you for loss of property value if you wanted to clear-cut your lot and sell it for development purposes. The local county assessor or council office can confirm whether there are any specific community rules or ordinances dealing with trees that may need to be followed first before cutting down any large trees.