[WSBARP] Invasive Blackberry Bush question

[Gregory L. Ursich]

Only a nuisance action if you can show intentional or malicious acts by the landowner with the invasive plants.  An old case talks about this; Gostina v. Ryland, 116 Wash. 228, 199 P. 298 (1921).

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Gregory L. Ursich
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Blackmon
Sent: Wednesday, September 18, 2019 11:11 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Invasive Blackberry Bush question

I am pretty sure I talked to that PC myself a few weeks back. Like I told her then, the solution is a nuisance action. And she certainly has the right to continue to remove any trespassing growth in the meantime.

Or did I miss something? I love learning opportunities....

Craig
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On Wed, Sep 18, 2019 at 11:08 AM Laurel Brown <laurel.brown8385 at gmail.com<mailto:laurel.brown8385 at gmail.com>> wrote:
Hello all,

Individual had backyard professionally landscaped.  She notified the property owner adjoining her, as there was/is a large blackberry bush that grows towards Individual's yard.

Individual has maintained cutting the bush back on her side of the fence.  She sent pictures of the invasive plant to property owner and property management company.  No action was taken on property owner/manager's part.

Blackberry bush has since flowered and seeded.  Now individual has blackberry bushes growing in several places in her newly laid sod.

Any and all suggestions, ideas, potential remedies willl be greatly appreciated.  Thanks in advance.

Laurel


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Laurel Brown
Attorney and Counselor at Law
5071 SW Waite St.
Seattle, WA  98116
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