[WSBARP] Liability of cutting roots of tree on adjacent property

[Daniel Berner]

Division One's opinion in Mustoe v. Ma has been called into question by Division Two's opinion in Herring v. Pelayo.

Both opinions are attached in word.  I'm happy to discuss these issues further off the listserv.

Best,
Daniel

Daniel Berner
Attorney
dberner at phillipsburgesslaw.com<mailto:dberner at phillipsburgesslaw.com> |website <http://www.phillipsburgesslaw.com/>

724 Columbia St. NW, Suite 320, Olympia, WA 98501 | 360.742.3500
915 S I Street, Tacoma, WA 98405 | 253.292.6640

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REAL ESTATE | LAND USE | ENVIRONMENTAL LAW



From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Christy M
Sent: Tuesday, January 22, 2019 2:48 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Liability of cutting roots of tree on adjacent property

This case, decided in 2016, is on-point:

https://scholar.google.com/scholar_case?case=9196329395481511577&q=mustoe+v+ma&hl=en&as_sdt=4,48


-------- Original message --------
From: Bryce Dille <Bryce at dillelaw.com<mailto:Bryce at dillelaw.com>>
Date: 1/22/19 2:44 PM (GMT-08:00)
To: "'wsbarp at lists.wsbarppt.com'" <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Liability of cutting roots of tree on adjacent property

I believe this issue was touched on several years ago in the list serve and it has to do with liability, if any, of a party in excavating for a house cuts some of the roots on their property of a tree on adjacent property. The neighbor is claiming if trees dies as a result of root cutting my client is responsible or is tree comes down because of inadequate root structure in wind storm my client is liable. Your thoughts would be appreciated thank you

Please note my new contact information below

Bryce H. Dille | Attorney at Law
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