Legal Question in Civil Litigation in Washington

trees

In December 2006 we had bad storms and we sent a certified letter to the man who owns the house behind us telling we felt his trees overhaning our property were a danger.

He called us and told us he would contact a tree expert and walk the property with us.

In April 2007 we sent another certified letter to him telling him that his trees were causing our fence to rise.

He called once again and informed us that he has sold the house and disclosed the problem with the trees and he is no longer responsible.

Can we get rid of the root that is causing our fence to rise since he is not interested in doing so?

Thank you.


Asked on 4/29/07, 10:14 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: trees

What a mess. I'd send a letter to the new owner of the property and see if they will cooperate with you regarding the tree.

It will be interesting to see if the new owner agrees they had notice from the old owner, as the old owner states. If the answer is "I had no idea" then your recourse is against the new owner who can implead the old owner.

The issue of the root: If you damage the tree that's on your property to the point where it dies you could be liable for timber trespass. That statute allows for treble damages and attorney fees. So, before you go dig up the root, please take the opportunity to consult with a local attorney who deals with real property issues.

You might also want to talk with your homeowner's insurance agent. They have an interest in not having your property damaged.

I think the important thing is having a paper trail that shows the other homeowner was on notice that there was a problem with the tree.

Hope this helps. Powell

Read more
Answered on 4/29/07, 11:28 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Washington