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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default Neighbor's Tree Roots Causing Damage

    My question involves personal property located in the State of: Oregon
    neighbors 90' fir trees root system has caused considerable damage to my garage, adjacent neighbors garage, patio. three arborists recommend removing tree,tree owner is not co-operating,and his house is in escrow. Is he responsible to take of issue? Thanks, BK

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Neighbor's Tree Roots Causing Damage

    This case, Carvalho v. Wolfe, 207 Or App 175, 177, 140 P3d 1162 (2006), indicates that "Defendants might be liable for intentional trespass or nuisance if they knew or should have known that their caring for the trees would result in the tree roots damaging plaintiffs' house." That would seem to apply to other structures as well. I doubt he'll pay voluntarily, but if you can get the name of his insurance company you can try to make a claim, or you can consult a local lawyer for assistance.

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