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Inconsiderate Neighbor
cutting tree

Q: We have a inconsiderate neighbor. He has done a lot of things just to be mean. His latest thing is cutting a lot of branches on his side of the fence and as high as he could go.

This tree was hanging over an area that he doesn't even go into. The law I believe says he has that right but he threw all of the branches on our side of the fence ruining a few things. He says he had that right. He said that we had to get rid of the debris.

Well we just threw it back over on his side after he left. We can play his games as well as he can. We live in Portland, Oregon and I have no idea who to ask about this. I am looking forward to hearing from you.


A: You need to contact an attorney who is versed in tree-related law to determine the legalities involved here.

Although the state's law may allow pruning branches off that overhang your property, it may have stipulations as to who has to get rid of the resulting debris. Here is where you need some legal advice.

You might also contact a member of the American Society of Consulting Arborists (ASCA) to see if damage has been done to your tree. If so, you may have legal recourse against the neighbor.

Also, if any of the pruning was done from your property and not solely from the neighbor's property, or if the branches that were pruned off were pruned off beyond the property line onto your side of the property line, you may have further recourse still.

You can find a Consulting Arborist at ASCA's website at www.asca-consultants.org. Go to the Referral Directory and enter your state or zip code in the appropriate search line.

There are 2 Registered Consulting Arborists in the Portland area, and several other ASCA members nearby. The Consulting Arborist and attorney should work together on the project.

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Arborist Tom Mugridge

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