Legal Question in Real Estate Law in Washington

Re: trees blocking view

Not by state law.

There may be a local ordinance or rule, but the bottom line is your neighbor can plant view-blocking trees and destroy your view unless you have CC&R's in your neighborhood that prohibit it.

The growth of trees is not regulated. I'm sure you have seen laurel hedges up 25 feet, taller than a six-foot fence.

If the tree becomes diseased and falls on your property that is your neighbor's problem.

If the tree becomes diseased because you put chemicals on it, you could be liable for timber trespass - treble damages and attorney fees.

Or, you could talk to him and just say you miss your view. He might not know or have thought about what his trees do to your view.

Sometimes, I swear it is easier to just move.

Hope this helps.

Re: trees blocking view

These must be very fast growing trees.

As Ms. Powell mentioned, there is no absolute prohibition against planting tall trees. You will, however, want to check your restrictions and covenants, if any. Even if there are no specific requirements to preserve the view, there may be other regulations on landscaping practices which can assist you.

You may also wish to consult with a certified arborist on potential safety problems or the usefulness of certain arboricultural practices such as "windowing" which will preserve both the trees and your view.

With any useful information you are able to glean from the above efforts, respectfully and patiently approach the neighbor with some alternatives such as replacement trees of lower height, joint landscaping along the property line or "windowing." Now would be the time for removal on the basis of cost, since the larger the trees get the more expensive they are to remove. Also, the larger they become in great proximity to homes, the more potential there is for one or all of the trees to become "hazard trees."

If that fails try mediation through your local dispute resolution center.

Theresa Petrey

ISA Certified Arborist and

Washington State Attorney