[WSBARP] Tree Issue

[Rich Holland]

My memory is that she is free to cut the tree back to the property line.  It only becomes a legal matter if by doing so the tree dies so an arborist report that says “no it will be fine” should work.
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Setareh Mahmoodi <mahmoodi.setareh at gmail.com>
Sent: Tuesday, September 17, 2019 3:57 PM
To: WSBA Real Property Listserv
Subject: [WSBARP] Tree Issue

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

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