Legal Question in Real Estate Law in Washington
damage from fast-growing trees
A neighbor has four huge, fast- growing trees planted next to the boundary between our yards. The trunks have already pushed over the fence and the roots have spread across my yard and cracked the cement floor of my patio. The roots are so huge they are a tripping hazard and make it all but impossible to mow the lawn. The reach of the branches alone make about a third of my back yard unusable as nothing will grow under them. My biggest concern is that the roots will soon damage my sewer and water lines and do damage to my home's foundation. My insurance co. already refused to cover damage to my patio, so I'm assuming they won't cover other damage from these trees. Tried many times but the neighbors refuse to remove the trees despite the damage they have already done and the fact that these trees will continue to grow. They said I can dig out the roots and trim the tree on my side, but I can't afford to hire someone to do dig up most of my back yard. Plus I am worried that if I dig out the roots on my side and the trees died, my neighbor could then sue me for triple the worth of those huge trees. What rights do I have and what remedies are available?
2 Answers from Attorneys
Re: damage from fast-growing trees
If you own this house and try to sell it, you will have to disclose all of the defects and their source. There has been some shift in case law towards a general duty of care, which, if things are as bad as they sound, should help you. Even though you probably won't be able to find an attorney willing to take this on a contingency basis, chances are that an attorney can help you and would be more than likely money well spent.
Theresa Petrey
ISA Certified Arborist and Washington State Attorney
Re: damage from fast-growing trees
You can theoretically sue your neighbor and ask the court to order the neighbor to take down the trees or otherwise end the encroachment on your property.
It is interesting that your insurance says they will not cover the damage. Your neighbor has property insurance, too. I do not recommend that you contact your neighbors insurance company - that is a job for your attorney.
You are right not to damage the trees, and for the correct reasons.
Your suit would be for an injunction requiring the neighbor to remove the trees and pay you damages for the cost of repairing your back yard which was caused (fairly clearly) by the neighbor's encroaching trees.
I promise you it would be easier to move.
But you have a cause of action. Hope this helps. Elizabeth Powell
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