[WSBAPT] Trees as Tangible Personal Property under RCW 11.12.260

[Krista MacLaren]

Laura,

You are asking for a citation, which I don’t think I have, but in real estate, a tree that is rooted in the ground would be viewed as a natural fixture that stays with the real estate.  If the testator owned the real estate where the tree lives, at the time of her death, then I think she could gift it under her will or in a separate writing, like other personal property, but if it were not specifically called out as an item to be gifted separately from the real estate, then I would say it is not tangible personal property, it is a fixture and goes with the real estate.  If it was gifted to someone in a will or separate writing, then if the land is also being sold, one needs to inform any potential buyers that the tree will be removed.  I’m thinking that all must be based on common law?  I don’t think there are statutes covering it, but I would love to know if there are.

Krista

Krista J. MacLaren
Attorney at Law
Northgate Executive Center II
9725 3rd Ave NE, Suite 600
Seattle WA 98115
(206) 523-6116
kjm.inc at icloud.com

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> On Jul 1, 2020, at 2:39 PM, Laura Latta <laura at lauralatta.com> wrote:
> 
> Hello List Mates,
> Does anyone have a cite for the proposition that a tree (planted in the ground) is not tangible personal property under RCW 11.12.260. 
> Warmly,
> Laura
> 
> -- 
> Laura Latta
> Law Office of Laura Latta PLLC
> 
> she/her
> 
> Phone (206) 841-2344
> www.LauraLatta.com <http://www.lauralatta.com/>
> PO Box 82356
> 
> Kenmore, WA 98028
>  
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