Legal Question in Civil Litigation in Washington

Neighbor's tree over-hanging my house

My neighbor's tree is growing at an angle and beginning to over-hang my house. I've ask him to trim it or cut it down but haven't gotten him to take action. Is this an insurance issue or do I need to retain an attorney to deal with this. The tree is at least 50 feet tall.


Asked on 7/20/07, 4:08 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Neighbor's tree over-hanging my house

Have you asked him in writing? A letter from you describing the issue and your concerns would make a great record for a court, eventually, if you ever needed it.

You could hire an arborist to come take a look at the tree - from your property, of course. The arborist can give you a report and you can attach that to your letter to your neighbor.

In WA, it is his tree because it is on his property. If you cut off where it overhangs, you could kill the tree (I can't tell, I can't see it). IF you kill his tree, you could be liable for timber trespass - treble damages and attorney fees. So, don't do that.

Hope this helps. Elizabeth Powell

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Answered on 7/20/07, 9:23 pm


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