Legal Question in Real Estate Law in Oregon

There is a laurel hedge on the property line with my neighbor that provides good privacy for both sides. My neighbor insists on cutting it down to 4' when I would like it to grow taller to protect my house and give shade and privacy to my home as he has a 2 story house that looks down into mine when the hedge is cut down. He seems to think that he has the right to cut the hedge as he pleases and as he told me " move to the country if you want privacy", has no respect for another's right to quiet and private enjoyment of their land. He claims the hedge is on his side when it is growing on the border and has been there for over 50 years, long before either of us lived here. I had no problem with the previous owner of his house, regarding the height and maintenance of the hedge. What can I do to stop him from hacking up this beautiful old laurel/barrier with a chainsaw?


Asked on 8/11/12, 4:10 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

Are the trunks of the hedge coming out of the ground on your property or his or both? If on your property or both, tell him you will sue him for trespass if he cuts the hedge in a manner you do not approve. The measure of damages will be what it costs you to replace the hedge (and to build a fence in the meantime in order to restore your privacy). I would also suggest hiring a surveyor to make sure that the hedge trunks are on your side, in whole or in party.

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Answered on 8/11/12, 5:37 pm


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