Legal Question in Civil Litigation in Oregon

Dispute with neighbor

Live in a neighborhood tiered so that everyone has a view of Mt. Hood. When trees grow large enough to obscure the view, most of the folks here will allow them to be trimmed. However, my neighbor who has a spectacular view from the back of his house will not thin a plum tree to afford a view from our home. I bought the house because I could see Mt. Hood from my living room. Now, if I want a view, I have to get on the roof. Is there anything I can do legally to get this person (who mows his lawn three times a week) to comply?


Asked on 7/19/00, 11:49 pm

1 Answer from Attorneys
Jeffrey W. Jones Jeffrey W. Jones, P.A.

Re: Dispute with neighbor

Generally, homes in neighborhoods like you describe have certain CCR's (covenants, conditions and restrictions). The CCR's may cover everything from parking cars on common streets, RV parking to yard maintenance. It is possible you have a CCR that covers protection of the view for adjoining neighbors. The CCR's may be substantial, up to several hundred pages. If you do not have your copy from when you purchased your home, your homeowners association should provide you with one.

If you find that you do not have CCRs in your neighborhood, you may still have rights under common law principals of negative easements. The concepts are too complicated to explain here, therfore if the CCRs do not answer your question you should consult an attorney experienced in these matters. I would be happy to speak to you.

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Answered on 9/11/00, 3:21 pm


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