Legal Question in Real Estate Law in Washington

Re: neighbor's property

There are answers and then there are answers.

To have damages there must be value, to have value in a tree there must be a number of issues weighed and evaluated. Plant valuation, and, especially tree valuation, is something that certified arborists do as expert witnesses and often as part of insurance claims. One component of value is the health of the tree.

Another service that Certified Arborists provide is "hazard tree" evaluation. A hazard tree is one that will cause damage to buildings, property or people. Hazard tree ratings range from 1 to 10 with ten being the most dangerous if I recall correctly. A tree can be diseased, prone to breakage, rotting, what have you, but if it's out in the middle of the forest-no hazard. A 60 foot bigleaf maple overhanging a busy sidewalk with obviosly dangerous limb or upended roots, now that's an obvious hazard.

Generally, the larger the tree the more potential for hazard. However, just being large alone does not make a tree a hazard tree. Disease may or may not contribute to a hazardous situation with a tree. Also hazards may not be obvious.

"Affecting" is an interesting choice of words here. As is the case with all law, the standard will be, "what would a reasonable person do situated in the same or similar situation?" Thus, it well could be that if the tree was imminently threatening your home and your neighbor was not there, then yes, realistically, you probably could remove the tree. In this situation, it's probably, "so what if I removed the tree and should the neighbor actually be paying some of the removal costs?"

However, to the extent possible you would want to document the hazard situation through photos and by expert opinion,i.e. hazard tree certification.

So yes, there are times when one could remove a diseased tree on a neighbor's property, but in all cases mere annoyance is not enough and lawsuits have been won on this issue by the aggrieved newly treeless neighbor.

Start by talking with the neighbor, then try alternative dispute resolution (mediation)and see a lawyer who is familiar with aboriculture law for additional remedies if your problem goes beyond mere discontent.

Re: neighbor's property

No, you cannot remove your neighbor's tree on his property without incurring liability for timber trespass, which is treble damages and attorney fees and costs of suit.

You will pay for your defense for this sort of suit out of pocket, and a court could find it was the sort of debt that is not dischargeable in bankruptcy.

What a remarkably bad idea. Hope this helps. Elizabeth Powell