Legal Question in Real Estate Law in Washington

property line issues

The fence for the house next to me was built about 3-4 feet back of the actual property line approximately 19 years ago. I bought my home 17 years ago and the neighbors about a year later. Now they are redoing the fence and want to cut all the trees down on my side to put the new fence on the property line. Does the original property line still exist or is it now where the fence is located? I want to stop the trees from being cut down on my side of the fence.


Asked on 10/02/07, 4:30 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: property line issues

And chances are you can. But you need a lawyer right now to ask for injunctive relief before the trees are taken down.

Look for a property (real estate) attorney who handles boundary line disputes and adverse possession issues. You can find somebody through your local Bar or avvo.com.

The original property line may have disappeared and "become" the new fence line, I can't tell without a thorough document review. But somebody local can help you - you just have to find them and ask.

WA also has a timber trespass statute - if your trees get cut without your permission, you may be entitled to treble damages and attorney fees.

Real property law is quite expensive if you do not have good counsel to help you. You need someone local now.

Elizabeth Powell

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Answered on 10/02/07, 7:19 pm


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