The decision in *Butori v. Bosma* leaves a jury's treble damages award fully intact following unauthorized clearing that reached 150 feet into neighbor Tom Butori's parcel in 2018. The appellate panel confirmed that the trial judge acted properly by admitting evidence of a prior settlement, which demonstrated Henry Bosma's awareness of the disputed border. Furthermore, testimony from a surveyor established that Bosma had received boundary warnings during a previous project and later engaged that same surveyor to map the encroachment. Consequently, Bosma remains personally liable alongside Bosma Enterprises Inc. for the entire $810,000 judgment.
Key points
Henry Bosma is held personally liable for the financial judgment alongside his corporate…: Henry Bosma is held personally liable for the financial judgment alongside his corporate entity, Bosma Enterprises Inc.
Evidence of a past timber trespass settlement was legally admissible to demonstrate prior…: Evidence of a past timber trespass settlement was legally admissible to demonstrate prior knowledge of the contested boundary.
Testimony from a surveyor confirmed that Bosma had been previously warned about the prope…: Testimony from a surveyor confirmed that Bosma had been previously warned about the property line before directing the 2018 work.
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A construction project can become an expensive dispute when work crosses a property boundary. In Oregon, a landowner alleged that workers clearing an adjoining parcel removed trees, shrubs and other plants from as much as 150 feet inside his property. A jury found that the timber trespass was intentional and awarded him $810,000 in treble damages.
In an opinion dated April 8, 2026, the Oregon Court of Appeals affirmed the judgment in Butori v. Bosma, case number A181266. The
decision, available on Justia, rejected challenges to the evidence and to Henry Bosma's personal liability. The court found sufficient evidence that he personally directed or caused the clearing.
Construction clearing crossed the property line
The dispute involved adjoining properties known as Government Lots 6 and 7. Tom Butori owned Lot 6, while Bosma Enterprises Inc. (in which Bosma had an ownership interest) owned Lot 7. Butori alleged that Bosma hired VB Construction in 2018 to carry out work on the neighbouring property.
During the work, trees, shrubs and other plants were removed from an area Butori said belonged to him, extending…
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