Legal Question in Real Estate Law in Washington

encroachment

A construction firm cut trees from our and a neighbors' property w/out permission and attempts to contact remain unresponsive. 1.3 million dollar home on the lot now advertizing a view which was obtained by cutting our trees. Can we get a lein on the sale of the property until dispute is acknowledged and settled?


Asked on 1/13/07, 3:31 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: encroachment

You may have a cause of action against the owner of the property that instructed the contractor to cut the trees and the contractor.

That's how you start - do not use a lien, that is a separate, irrelevant solutuon to a different problem.

If I were them I'd be unresponsive, too, because so far that's worked.

Washington has a timber trespass statute that allows treble damages and emotional distress damages for loss of trees, especially when you can show it was intentional.

You need an expert to discuss the value of the trees,and another expert to discuss the value of your real property, with and without the trees. If there is a slope involved, you may need a soils hydrologist to discuss the loss to the water retention capacity of the slope.

You need to lawyer up. This is the sort of suit where the attorney may well agree to represent you on a contingency.

This is not self-help law. Please contact a lawyer in your area that handles this sort of issue - and if you do not know one, ask your County Bar Association for a recommendation.

Don't hire one you don't like. He or she may need costs paid, but timber trespass suits are fairly straightforward and can result in an award which will compensate you for what you have lost.

Hope this helps. Powell

Read more
Answered on 1/14/07, 1:12 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Washington