Legal Question in Real Estate Law in Washington

Re: Looking for tips to convince neighbor they should remove tree

From the start, let me say, based on your attitude, you would be exactly the type of client every good attorney wants- a reasonable client! I applaud your solution based approach to this problem, which can often turn into a seriously contentious issue.

The approach I recommend that best protects you, in the event the tree falls and damages your home, while doing your best to maintain positive relations with the neighbor,is as follows: It looks like you have already had discussions and showed or mentioned the report of the arborist.

Now you should write a letter, sent by certified mail, which recalls the details of your conversation, and specifically, that you have shown them a copy of the arborist's report, and have include another copy with this letter for their records. They the neighbor declines to take down the tree, in light of the report that thas been shown.

Reiterate that you do not want to fight or cause trouble, but you are concerned about what will happen when that tree falls in a storm and damages your home. Let them know that by making them aware, you feel that they have a responsibility to act, given that it is their tree and they have a duty to maintain their property in such a way as to avoid foreseeable damage to your home.

Let them know that if they fail to act, and the damage occurs, you will have no choice but to file a claim with their homeowner's insurance policy, which may lead to a lawsuit that you will not want to file, but may have no choice in order to recover your damages. Reiterate that you feel terrible sending this letter, but there really is no other way to communicate your view, and while you mean no offense, you have been advised to write this letter.

If you feel real neighborly, and you want to avoid the damage to your home in the first place, you could offer to help cover the costs of the tree's removal. You could pay half or a third or even a quarter. Maybe you get even get the neighbor to allow you to keep the wood for your fireplace or wood burning stove if you help pay to cut it down.

The cost savings may help get the neighbor to agree, and even though you are not obligated to, trust me, it is much cheaper in the long run to do it this way, and avoid a tree ever falling and possibly inuring you in your sleep during a late night storm.

Good luck!