Oregon Homeowner Returns From 10-Day Vacation To Discover His Neighbor Has Removed His 40-Year-Old Mature Oak Tree, Which Was Fully on His Property—Neighbor Claims He Did the Homeowner “A Favor”

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Why is what the neighbor did so bad?

You know the old saying: Plant trees whose shade you will never sit under. Well, if you planted a tree today on your property, the likelihood that you will enjoy it as a mature tree is slim to none. It, of course, depends on the species and the speed at which they grow to maturity, but for a slow-to-moderate grower like an old oak tree, the only way to replace them should they be damaged or removed is to wait another 30-50 or so years.

It's for this reason, that unwarranted, illegal damaging of a tree—to it's outright removal—represents hefty legal damages.

Maybe all of that is too waxing philosophical for the rest of you, but no matter how you feel about it the original statement holds true: Tree law is no joke. 

When this homeowner returned from a ten-day vacation, they found that a 40-year-old oak tree, the cornerstone of their property, had been removed. It wasn't difficult to figure out who had done it, the neighbor openly, and smugly, admitted hiring a tree service to cut it down. He claimed that the branches interfered with his view, and that the leaves it dropped were “annoying.” He even suggested that the damage was a helpful gesture. 

This was problematic for several reasons:

  1. The removal of the tree.
  2. It would have been impossible to remove the tree without entering his property, which raised the issue of trespassing too.

He phoned the police, who refused to intervene, classifying it as a civil dispute. But he had two things helping him:

  1. A recent survey confirming that the tree stood entirely within the property line
  2. Security footage showing the workers entering his yard to do so.
  3. The neighbor had openly admitted to removing the tree.

Both of these firm pieces of evidence surely would create an iron-clad case for seeking damages of the value of the tree.

A quote from the story "He actually had the audacity to say he "Did me a favor." " with images represneting the neighbor and the homeowner
“He actually had the audacity to say he ‘Did me a favor.’” With images representing the neighbor and the homeowner. Image: Unsplash

 

My neighbor chopped down a massive, 40-year-old oak tree on my property while I was on vacation. What are my legal options?

An Oregon homeowner returned from vacation to discover their neighbor had a tree service cut down a 40-year-old oak located entirely on the homeowner’s property.

Advice needed
LOCATION: Oregon

I am absolutely vibrating with rage right now. I just got back from a ten-day vacation to find that my neighbor had hired a tree removal service to completely chop down a gorgeous, forty-year-old oak tree that was clearly on my side of the property line.

A large tree in a grassy field with trees in the background
A large tree in a grassy field with trees in the background. Source: Unsplash

The neighbor admitted ordering the removal because the tree blocked his view and dropped leaves and acorns onto his driveway.

This tree was huge, healthy, and provided beautiful shade for my entire backyard. When I confronted my neighbor he smugly admitted he did it because the tree "blocked his view" of the street and was shedding too many leaves on his driveway. He actually had the audacity to say he did me a favor because now I "don't have to clean up the acorns."

Police called it a civil matter, but the homeowner has security footage of the removal and a certified survey proving the tree stood on their land.

I called the police, but they said it is a civil matter and refused to do anything. I have clear security camera footage of the tree service company entering my yard and cutting it down. i also have a certified survey from last year showing the tree was entirely on my land.

The homeowner sits with the fallen tree.
The homeowner sits with the fallen tree. Image for illustrative purposes. Image: Unsplash

The homeowner is seeking a lawyer and wants to know what damages may be recoverable for the loss of the mature oak.

I am already looking for a local lawyer, but I am wondering what kind of damages I can actually expect here. I heard tree law can be pretty severe, and replacing a fully grown oak tree costs an absolute fortune. Am I going to get completely screwed over by the buerocracy here, or do I have a real case? 

 

The leaves of an oak tree pictured from up close.
The leaves of an oak tree. Image: Unsplash

Readers r/legal community on Reddit shared their expert advice, here is a selection of some of the best responses. 

Vectrologist

Suing both the neighbor and the tree service company for cutting down a mature oak without verifying property boundaries or permission is going to cost them a small fortune, especially since Oregon courts take property and timber trespass very seriously.

 

Umbra_9Parallax

The fact that you have both a certified survey proving it was on your land and security footage of the tree service trespassing makes this an absolute slam dunk case for a lawyer.

 

Wonderful_Sock_6651

There's very few things that reddit loves more than tree law and treble damages.

A 40-year oak might not even be possible to transplant, but the bad news for your neighbor is rough estimates start 10000-50000 and Oregon does treble damages so they get to pay 3x the cost.

I would check to see how much an arborist would quote it for your area, because this easily can be a 6 figure problem for them.

 

j_grouchy

When you win, make sure to spend some of the money on something - a tree, a fence, whatever - that blocks his view of the street.

 

raaneholmg

Sounds like a rock solid case?

Get a lawyer and sue for however many tens of thousands the tree was worth. Neighbor will probably wanna settle about 5 minutes after hiring his own lawyer and realizing how badly he f** up.

 

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