Legal Question in Real Estate Law in Washington

Re: Acts of God

Washington being the evergreen state where trees are both a stately symbol and a statewide commodity, the laws here have evolved over the years making it difficult to sue landowners that have trees, which break off in high winds and cause damage to an adjacent landowner�s property.

While it may have been foreseeable that your tree situated on or near the fence line would, if broken, fall upon the fence, you�re not necessarily liable for any damage on the property unless you had prior knowledge that the tree was dead, weakened, or at risk of falling down. You will be legally required to remove the downed tree in an expeditious and non-damaging way, and after receiving the adjacent landowner�s permission to enter the land.

Also, under the evergreen state�s law, a property owner is not always required to inspect their trees, depending on the way your land is used. The distinction being that if you open you property for business purposes you must thoroughly inspect the trees, or if your land is residential in nature, you don�t need to.

In your situation from facts given I believe that the tree fall was an act of god for which you were not responsible. But you must remove the tree. Still, that being said, the neighborly thing to do would be to fix the fence. You never know when the wind will blow in your direction, bringing down with it the branches or trunk of your next-door neighbor�s oak or alder. And then you will be the one who wants to sue!

The law�s on your side, but be a good neighbor and mend that fence.

Re: Acts of God

Generally, yes, you are liable. It is foreseeable that a tree that is close to a property line falls over it will fall on the fence and break it. However, your homeowner's insurance may cover the loss, but it depends on the type of insurance. I recommend you contact an attorney in your locality to advise you on this matter.