[WSBARP] Quiet title action for tree?

[MK Henderson]

Yes Eric,  The city required a buffer zone during construction but the
tree(s) don't fit the exceptional tree requirement.  Other than by
agreement I think you are right this would not be a quiet title action.  


On Tue, Jul 8, 2014 at 10:46 AM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:


Not sure I get the question. Protect the tree from potential action by a
new owner? I take it that the city's requirements were only regarding
construction, and not some sort of critical-area-ordinance-type
restriction that prohibits cutting the tree back.

 

I don't see that quiet title is likely to work, unless PC can establish
adverse possession (or prescriptive easement) requirements on the area
beneath the tree. If PC did active landscaping and tree maintenance around
the trunk, maybe could at least establish prescriptive easement for the
purpose of maintaining and caring for the tree--but I think the neighbor
still would be permitted to trim the tree back to the extent it's hanging
over their lot.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of MK Henderson
Sent: Monday, July 07, 2014 5:17 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Quiet title action for tree?

 

Good afternoon esteemed colleagues,  PC has a special type of tree that
was free to grow over neighboring vacant lot.  A year ago builders began
building mega mansion on lot and city required they avoid tree and drip
line.  Now house complete and up for sale. Any guidance on type of action
that would protect the trees?

 

Thank you in advance,


 

-- 

Mary K. Henderson

Henderson Law Office PLLC
1123 Maple Ave SW, Suite 225

Renton, WA 98057

206-650-2472

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-- 

Mary K. Henderson
Henderson Law Office PLLC
1123 Maple Ave SW, Suite 225
Renton, WA 98057
206-650-2472
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