Legal Question in Real Estate Law in Washington
Overhanging Trees
I have four very large fir trees located on the property line. Many of the branches overhang my home. I have approached my neighbor about cutting the trees down and his reply was, ''No, those are my trees, on my property.''
I was not sure about that, so I had the property surveyed at a large expense to me, and found the trees to be right on the property line. I know that cutting the branches overhanging my property is legal as long as the trees are not injured. My neighbor is also uncooperative in this as a cutting service will need access to his side to work.
An Arborist, at my expense, confirmed the danger of the trees and recommends removal.
Falling branches caused extensive damage during an ice storm and I am constantly cleaning roof and gutters of the mess these trees make. Any high winds causes branches to fall on my roof and yard. The condition of my roof is questionable and will need replacement soon. Explaining all of this to my neighbor has only brought about more unaccommodating comment. His reply, ''that's what insurance is for.''
Can I put my neighbor on notice that any damge will be his responsibility? Can I take any other legal action? Do I need an attorney?
1 Answer from Attorneys
Re: Overhanging Trees
You have a typical problem. I think hiring an attorney to approach your neighbor to try and settle this issue would be best, considering your efforts so far have been rebuffed. An attorney would send a message to your neighbor that you are serious. If the attorney does their job, that ought to get the ball rolling towards some sort of settlement without having to go to court.
On the other hand, if this does wind up in court, you have a good case to at least have the trees trimmed, based on their interference with your right to the use and enjoyment of your property. This falls under the doctrine of nuisance.
The details of exactly where the trees are may also make your case stronger. If they are located on your side of the property line, then you may not need permission to cut or alter the trees at all. However, before you do anything drastic, be sure they are in fact your trees.
To discuss this further, please call my office at (206) 223-9510 and I would be happy to give you a free initial consultation.
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