timber trespass

[laurenbnelson]

What is the name of your state (only U.S. law)? Oregon

My neighbor claims that when I put in a new wall on my property (by several feet) I severed underground roots, thereby damaging his trees. Since I did nothing on his land, can this be considered a timber trespass? If not, does he have another cause of action? If so, what would be the measure of damages, given that I did not act with any intent to damage his trees?

 

[HomeGuru]

What is the name of your state (only U.S. law)? Oregon

My neighbor claims that when I put in a new wall on my property (by several feet) I severed underground roots, thereby damaging his trees. Since I did nothing on his land, can this be considered a timber trespass? If not, does he have another cause of action? If so, what would be the measure of damages, given that I did not act with any intent to damage his trees?

**A: 2 issues: 1) did you do damage to any of his trees and if so 2) did you know or should have known that such fence construction may have caused damage to the trees.