Eugene, OR asked in Personal Injury, Products Liability and Real Estate Law for Oregon

Q: I have a 12 year old cherry tree who's roots uplifted a neighbor's walkway. Am I liable for the damages?

This old cherry tree used to sit with the trunk on my side of our property. Over the years its roots grew towards some water drainage on the other side of the fence (in the neighbor's yard). It uplifted their cement walkway by about 2 inches. When they notified me about it, I quickly had the tree cut down (on Washington's Birthday lol). I need to know if I am liable for the cost of replacing the walk way?

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Products Liability Lawyer
  • Wyomissing, PA

A: You could ask your homeowners. Overhanging branches are a form of trespass. Roots it's not so clear. If they are held to be trespassing and lift the pavement the answer would be yes. However it's possible that from some readings the law would be no.

It is not really clear.

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