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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33713
Experience:  15 years real estate, Realtor. Landlord 26 years
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Live in Salem Oregon. Our new neighbors have decided to

Customer Question

Live in Salem Oregon. Our new neighbors have decided to plant 2 flowering cherry & pear trees within 6-8 inches of our property line and the trees are planted in a sloping walkway area with pavers used only to get to the back of the house which is on stilts. There is 17 feet between the houses. 12' feet theirs; 5' ours. But they have planted these trees Within 6-8" from our property line. these trees will grow to 25-30 feet tall& and 20-25 feet wide. Since there is no real room for these trees to grow only on their property, the limbs will extend greatly over our property and the roots will grow underground on our property. She is constantly infringing on our property by planting flowers within 2-3" of our property and then they grow & expand on to our property. we have shared our concern with her & her husband to no avail. What now is our recourse?
Sincerely Michael & Greg
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If the trees roots or limbs grow over across the vertical property boundary line then this would be considered a trespass to property and would give you legal grounds to sue them for trespass and for "private nuisance " if the trees cause problems with limbs, leaves or roots damaging your property. A private nuisance is an interference with a person's enjoyment and use of his land. The law recognizes that landowners, or those in rightful possession of land, have the right to the unimpaired condition of the property and to reasonable comfort and convenience in its occupation.

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So once the trees begin to cause problems, you can sue them under the trespass and private nuisance claims to force them to abate the nuisance by either cutting them back across the property line or removing them entirely. You can also seek money damages if the trees cause some type of damage to your property.

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But if you are asking if there is something you can do now, unfortunately the answer is no because the law doesn't provide a recourse for a potential future injury, only an actual injury.

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thanks

Barrister

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