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Neighbors fallen tree impairs access easement

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Hcreek

Junior Member
What is the name of your state? Oregon

Hi, I have searched the posts but have yet to find anything specific to our situation, please refer me to the appropriate postings if the following has already been addressed, Thanks.

A large tree belonging to our neighbor fell next to and partially impedes (have to drive past it carefully) our driveway, which is partially on an access easement given by the neighbor with the tree. Also, in the same storm, a second neighbors hillside slid, bringing tons of dirt and another tree down to rest against the first neighbors tree, which is now acting as a retaining wall for the slide.

We have contacted the neighbor with the tree and as he is an absentee owner has yet to be by to look at the situation and so has yet to indicate if he feels at all responsible. And, from prior dealings with the second neighbor, we already know their feelings about any responsibility for the slide.

So, the question is: in a situation where a property owner, us, has an access easement over another's property and that property owners fallen tree impedes the use of that easement, who is responsible to pay for the clean up? Along with that, if an adjoining property owners land slides into that easement, thus causing an expensive cleanup, are they responsible to pay for the cleanup?

I hope I explained/questioned this clearly... and Thanks greatly for any advise anyone might have... I imagine this may need a lawyers input.What is the name of your state?
 


xylene

Senior Member
The owner of the tree is responsible for the tree.

The owner of the dirt is responsible for the dirt.

If neither party is stepping up, get a lawyer.
 

HuAi

Member
What xylene posted about the tree is not correct. The owner of a fallen tree is not responsible unless the tree fell due to his negligence. If it fell due to a storm, then whoever is responsible for maintaining your easement (read your easement docs) is resoponsible for tree cleanup.
 

xylene

Senior Member
What xylene posted about the tree is not correct. The owner of a fallen tree is not responsible unless the tree fell due to his negligence. If it fell due to a storm, then whoever is responsible for maintaining your easement (read your easement docs) is resoponsible for tree cleanup.
Under OREGON law the owner of fallen tree owns the fallen tree. The tree is trespassing and the holder of the easement rights easement has recourse against the owner.

The owner of the easement may not appropriate the value of the tree for 1 year when it becomes abandoned, but may undertake efforts to remove the the tree to the tree owners property for which they may bill reasonable costs, but must be certain not to damage the economic value of the tree. They can also sue the tree owner to remove the trespassing property and for damages caused by the trespass.
 

Hcreek

Junior Member
Know the source document?

Thanks for the replies! I am curious as to where I might look in state statutes for the regulation covering this? Any online sources you know of?

Also, just to clarify, the way I am understanding this, is that even if there is no indication in the written easement as to who is to maintain the easement, the owner of the land over which the easement crosses can be legally compelled, by the easement holder, to pay for reasonable removal costs of his tree that is impeding the use of the easement?

Thanks Again for your thoughts and time!
 

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