[WSBARP] Tree Issue

[Setareh Mahmoodi]

Asking for a client who's having issues with a neighbor...

Part of neighbor's tree and branches extend over her fence and on top of
her deck. She has had an arborist come out to look at it and he
acknowledges that there will be severe damages to the deck in case of a
windstorm or tree falling etc. However, that his job is to do a risk
assessment based on human life not property damages. His assessment of
danger to human life is low since chances of a person standing on the deck
at the exact time the tree or its branches could fall is low according to
him. I thought the arborist's job was to determine whether or not the tree
is dangerous and it sounds like this arborist is determining it is not by
this analysis?

She has asked the neighbor to cut down the tree or trim it and maintain it
several times to no avail. Many years ago, her gardener was able to cut
down the branches with the verbal permission of the neighbor, but the
neighbor is no longer giving permission and the way the tree has grown and
the portion over her property line does not physically allow for the
gardener to cut it anymore without being on the neighbor's property.

She doesn't want to take drastic measures and she doesn't want to litigate
against the neighbor. Does she have any other options? She's considering a
letter to the neighbor that gives notice of the issue in writing as well as
the arborist's assessment and need for cutting the branches down.... She
wants to then send this letter to her home insurance to have on file in
case anything happens to the deck... (any specific RCWs or ordinances she
can include in the letter to make it stronger?) I don't know if this will
achieve what she is looking for and this is not something I handle so any
ideas for cost effective and non-litigation solutions (she is retired and
on fixed income) would be much appreciated.

Thanks!

-- 

*Best regards, *


*Setareh Mahmoodi *

*Attorney at Law *

*18222 104th Ave NE, Suite 103*

*Bothell, WA 98011*

*Phone: 425-806-1500*

*Fax: 425-489-4142 (Please email documents if at all possible)*

*Email: SM at LawOfficesofSM.com*

*Website: **http://www.lawofficesofsm.com/ <http://www.lawofficesofsm.com/>*


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