[WSBARP] Tree law/insurance intersection

[Michael Brandt]

All:

You need to have an arborist determine if any of the trees of concern can be deemed “dangerous trees” if you want to make sure the neighbor with the trees would be held liable after receiving notification of the nature of the tree, although damages for trespass would still be obtainable if damages are caused.  Would trimming the branches that overhang the client’s property increase the likelihood of where the tree would fall if it went over?  If so, you have the right to trim trees and roots if it does not kill the tree.

I have communicated with a similarly situated neighbor and had them allow my client to have the trees of concern removed.

Michael D. Brandt
BRANDT LAW GROUP
1200 - 5th Avenue, Suite 1950
Seattle, Washington 98101
206.441.5739
206.299.9115 (fax)
www.brandtlawgroup.com<http://www.brandtlawgroup.com/>

[Description: BPLogoTag4Email]
The information contained in this e-mail and in any attached document(s) is CONFIDENTIAL and may be protected by attorney-client privilege and/or the work-product doctrine. The e-mail (and attached document(s)) is intended for use by the person(s) to whom this e-mail is addressed. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, copying, or other use of such e-mail and/or document(s) is strictly prohibited. If you have received this e-mail and/or any attached document(s) in error, please immediately notify us by telephone at (206) 441-5739.


From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Blackmon
Sent: Thursday, August 15, 2019 12:31 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Tree law/insurance intersection

Would the neighbor even be liable? If there is no sign of distress and no way of predicting failure, I don't think the owner is liable for damage caused by a falling tree. Obviously, "signs of distress" is a genuine issue of fact....

And maybe I am mistaken?

Craig
Craig Blackmon, Attorney at Law
Seattle Real Estate Lawyer<http://www.seattlepropertylawyer.com/>
92 Lenora St. (The Makers Space, a shared work environment)
Seattle WA 98121
Office/Cell: (206) 369-5949   Fax: (206) 770-7328
@LawyerBroker<https://twitter.com/LawyerBroker>
How to Buy Without an Agent<http://www.seattlepropertylawyer.com/blog?category=Buy+without+an+Agent> | How to Sell FSBO<http://www.seattlepropertylawyer.com/blog?category=Sell+FSBO> | RE Glossary<http://www.seattlepropertylawyer.com/blog?category=Real+Estate+Glossary>
CONFIDENTIALITY NOTICE: This communication is a private, confidential electronic communication encompassed by 18 USC 2510. It is for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a loss of its confidential or privileged nature.  Any review or distribution by others is strictly prohibited. If you are not the intended recipient please inform the sender and destroy all copies.


On Thu, Aug 15, 2019 at 11:00 AM Tom Lee <tlee at kerrlawgroup.net<mailto:tlee at kerrlawgroup.net>> wrote:
PC lives in a neighborhood with old trees. Neighbor across the alley, (the alley is drivable, paved, utilities run under); neighbor has an enormous elm tree that extends over part of the alley. The elm is squarely on neighbor’s property, within a fenced yard.

PC is concerned about damage to their backyard, garage, and a small trailer parked within their yard. If tree falls and hits their yard (it is tall enough to hit most of PC backyard if it fell right), PC fears homeowners insurance may not cover damage to above-items.

Does anyone have any thoughts on this? Much appreciated,

TOM LEE
Attorney
KERR LAW GROUP | Attorneys at Law | A Professional Limited Liability Company
•: tlee at kerrlawgroup.net<mailto:tlee at kerrlawgroup.net> | •: 509.735.1542 | 7: 509.735.0506 | •: 7025 W. Grandridge Blvd.   Suite A . Kennewick . Washington . 99336

This E-Mail message and any documentation accompanying this transmission may contain Attorney Work Product, privileged, and/or confidential information and is intended solely for the addressee(s) named above.  If you are not the intended addressee/recipient, you are hereby notified that any use of, disclosure, copying, distribution, or reliance upon the contents of this E-Mail message and/or attached documentation is strictly prohibited and may result in legal action against you.  Please reply to the Sender advising the Sender of the error in transmission and immediately destroy the message and any accompanying documents.  Thank you.

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190815/311b079a/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 9228 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190815/311b079a/image001.jpg>