Trees

In Oregon under ORS 105.8, triple damages+ can be awarded for knowingly removing a tree or shrub on another property.  Double damages+ can be awarded for unknowingly doing so.  Only actual costs can be awarded if the felling is done by a contracted third party when certain conditions are met, including the line being marked.

Ah, yes, trees.  What a great topic to discuss here.

Case 1:  I was hired by the owner of an empty lot in the biggest city in the county.  I was to locate the boundaries, locate what was left of a tree with an enlarged view of how the boundary line passed through it and locate several other trees clearly on the client's lot with large limbs having been cut off.  I testified in court as to what my survey plat showed.  Another fellow testified as to his decrease in value of the lot due to the tree cutting performed by the neighbor. The judge awarded damages to the lot owner.  However, the expenses of going to court were more than the damages received in this case.

Case 2:  An insurance company hired me to determine a property boundary between two adjacent city properties and determine the percentage of a ground level tree stump being on each side of the boundary.  What had happened was that a tree that appeared to be on the assumed boundary line had fell on the front porch of the house to the north doing significant damage.  My survey showed a split of ownership to be approximately 60 percent one way and 40 percent the other.  The bizarre part of this was that both landowners had insurance policies with this company.  All they were going to do was use my percentages to punish both landowners.

Case 3:  Another surveyor was hired to do work similar to Case 2.  In this case what had happened was that an elderly lady lived alone in an old house that she rented.  One afternoon a terrible windstorm tore through her part of the largest city in that county.  She went into the backyard with a camping chair to watch to see if the storm might become a tornado.  A tree in the fence line between her rental house and the neighboring rental snapped and a very large limb fell directly on her, killing her.  The tree had died some time earlier such that the owner of either lot should have removed it due to the obvious potential hazard.  Both landowners were found negligent.

Posted by: @not-my-real-name

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Given these conditions, how would a judge be able to decide the case?

The plaintiff would have to provide evidence of the boundary's location in order to claim trespass. The forester could calculate current and future stumpage if the tree could be considered a part of a timber stand. More likely, the plaintiff would get the opinions of an arborist and real estate agent if the tree could be considered part of the landscaping.

Triple stumpage seems to be the standard fine and it's often not much of a deterrent. 

Posted by: @not-my-real-name

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Given these conditions, how would a judge be able to decide the case?

A surveyor determines the boundary and the tree's location relative to it. An arborist or forester provides an opinion as to its value. In a state like Oregon, where logging is a big deal, it's routine.