[WSBARP] Non-boundary tree roots, branches case law

[Eric Nelsen]

Refreshing myself on the non-boundary tree cases where tree branches or roots encroach. (Sorry, Happy Bunch aficionados; not the relevant case here.)

I'm getting Forbus v. Knight, 24 Wn.2d 297 (1945) (weeping willow invades neighbor's sewer line!), and Gostina v. Ryland, 116 Wn. 228 (1921) (fir tree drops needles on neighbor's lawn!). And that's it. It appears to be, the owner of a non-boundary tree is obligated to prevent roots and branches from encroaching; however, the neighbor's cause of action is limited to "real, sensible [sic]" damage; otherwise the neighbor's remedy is to just cut the offending roots and branches her/himself. under Gostina, "real, sensible" damage can be as little as leaves dropping onto the lawn and causing cleanup costs, and that's sufficient to sustain an action for injunction requiring removal of the branches.

Is that the state of the law at this point? Am I missing something obvious?

Sincerely,

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040

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