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Private property issues are not addressed by Tigard City Codes. In an effort to
help keep you and your neighbors happy, the following offers information and
suggestions to assist with potential tree issues in your neighborhood.
“I have a problem with my neighbor.”
Many inquiries come in every week about rights and responsibilities for trees
and bushes between neighbors. Usually the person is upset about a neighboring
tree because it:
- Has become huge and overgrown
- Shades their yard
- Drops leaves, needles, sticks, branches, seed pods, or fruit
- Is pushing on the fence
- Is lifting their driveway or sidewalk
- Has roots that are overtaking their yard
- Overhangs or touches their house, roof, or vehicles
- Is in declining health and could become dangerous
- Is sending new shoots up throughout their yard (including ivy, blackberry vines, or bamboo)
If you are thinking of planting a new tree first consider what the
tree will do as it matures:
- Will this tree grow quickly to an unmanageable size?
- Is the planting site near a shared property line?
- Is this a “messy” tree, with dripping sap, rotting fruit, shedding needles, seedpods, volumes of leaves, or pine cones and nuts that pile up?
- Is this an invasive tree with roots that will seek water lines or break up concrete?
- What lifestyle do your neighbors have? Are they of frail health and cannot physically clean up mounds of leaves? Are they avid gardeners that cherish the sunny spot in their yard?
IF the answer is yes to any of the above, perhaps you can choose a different type of tree,
or a different planting site that pleases everyone. Ultimately, how you landscape your
yard is your choice, but if you can also make your neighbors happy, why not!
If you are a tree owner with unhappy neighbors, consider:
- Is this a tree you really want or could you replace it?
- Are you risking lawsuits and claims against your homeowner’s insurance?
- Can you communicate with the neighbors? Could you both compromise?
- Would the neighbors allow you access into their yard for pruning and debris removal?
- Do the neighbors just want permission to trim the trees themselves?
If you are unhappy with your neighbor’s tree, consider:
- Talk the issue out. You may be able to find common ground.
- Find out if you have an active Homeowner’s Association with CC&R’s that may be of assistance.
- Try the Free Mediation Program available for City of Tigard residents.
- Contact an attorney.
- File a suit in small claims court.
Can you cut the neighbors tree?
It is often thought that you can cut vegetation that crosses over onto your
property. However, you could also be at risk of claims that you caused
property damage due to improper pruning. The only answer is to work it out
with the neighbors first, whether by obtaining their written permission to
trim the tree, or by addressing the issues with a mediator or an attorney.
What about limbs and debris in the street or sidewalk?
The street and sidewalk are included in the term “public right of way”. Right
of way maintenance is the responsibility of the abutting property owner. This
includes all right of way abutting your home, even if it is a planter strip
separated from your yard by a sidewalk, or if it is vegetation behind your fence.
- Branches overhanging the right of way must be kept at least eight feet above the sidewalk and ten feet above the street.
- Lower vegetation must be trimmed completely away from the street and sidewalk, and any grass or weeds mowed.
- Vegetation must not block traffic or street signs.
- Debris such as leaves, pinecones, fruit, nuts, and branches must be cleaned up and removed.
These are all property owner responsibilities, which must be performed as often as needed. Additionally,
if your tree damages the sidewalk or street, you must repair it as well.
These maintenance responsibilities are another reason to be sure you research what vegetation you really
want before you plant it.
What other resources may be available for tree pruning tips, neighbor friendly trees, non-invasive trees,
legal advice, etc?
International Society of Arboriculture
http://www.treesaregood.com
International Society of Arboriculture Pacific Northwest Chapter
503-874-8263
http://www.pnwisa.org
Oregon Association of Nurseries
http://www.oan.org
City of Tigard, Street Tree Information
www.tigard-or.gov/community/parks/docs/street_trees.pdf
OSU Extension, Washington County
503-725-2300
http://extension.oregonstate.edu/washington
City of Tigard Arborist
Todd Prager
503-718-2700
Oregon State Bar Lawyer Referral
503-620-0222 or 800-452-8260
http://www.osbar.org
City of Tigard Free Mediation Program
503-526-2523
http://www.tigard-or.gov/city_hall/services/mediation/default.asp
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