Legal Question in Real Estate Law in Washington

Re: Prop. line infridgement and a tree removed

These are tough situations. On the one hand, you don't want to be a bad neighbor but on the other hand if you don't react the neighbor may continue to take advantage of you.

Your neighbor has probably committed trespass against timber.

RCW 64.12.030 Injury to or removing trees, etc.--Damages.

Whenever any person shall cut down, girdle or otherwise injure, or carry off any tree, timber or shrub on the land of another person, or on the street or highway in front of any person's house, village, town or city lot, or cultivated grounds, or on the commons or public grounds of any village, town or city, or on the street or highway in front thereof, without lawful authority, in an action by such person, village, town or city against the person committing such trespasses or any of them, if judgment be given for the plaintiff, it shall be given for treble the amount of damages claimed or assessed therefor, as the case may be.

You will have to get the fence removed from your property to protect your property line.

These matters often become a cost-benefit calculation. Cost of boundary disputes through trial range from $10,000 to $20,000, depending on your situation. Particularly bitter disputes can cost more. Naturally many cases are resolved prior to trial, but often at a price of thousands of dollars anyway.

Generally each side has to pay its own attorneys' fees in these cases so you have to keep that in mind.

If letters are not useful, then it is necessary to go to court. You may want to talk to the police about the tree because that may be theft, or malicious mischief, particularly if the tree is fairly valuable. If your neighbor is financially irresponsible or broke, you will want to pursue a different approach than if he is well off because you would not be able to collect any judgment against a broke neighbor.

I hope this gives you some food for thought.

Call me if you have more questions.