[WSBARP] Invasive Blackberry Bush question

Kaitlyn Jackson kaitlyn at dimensionlaw.com
Wed Sep 18 12:18:42 PDT 2019


Laurel -

It just makes me wonder whether the damages for your potential trespass
would be less than your damages for continuing to have to mitigate the
issue on your property. Just wondering.

Kaitlyn

On Wed, Sep 18, 2019 at 11:27 AM Laurel Brown <laurel.brown8385 at gmail.com>
wrote:

> Thank you all for your immediate responses.  In actuality, the
> 'individual' is myself.  The property next door to mine is being rented out.
> The neighbor's blackberry bush likes to climb the fence over into my
> yard.  I gave the property owner a heads up that I was putting significant
> monies into having the backyard landscaped with new sod this May.  I have
> continued to cut back the bushes on my side of the fence, but of course
> they are quite invasive.
>
> A month ago, I sent images (again) to the property owner, and at her
> request to the property manager.  My messages were acknowledged by both
> owner and property manager. I asked them to deal with the blackberry bushes
> to prevent further invasion into my yard.  Nothing was done.  Now the bush
> has flowered and gone to seed.  Now I have blackberry bushes growing in a
> several square foot area of my newly laid sod.
>
> As the bush originates on the neighbor's property, I believe treating the
> actual bush/root system would constitute trespass on my part....
>
> Laurel
>
> On Wed, Sep 18, 2019 at 11:14 AM Craig Blackmon <
> craig at lawofficeofcraigblackmon.com> wrote:
>
>> 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
>> 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 Wed, Sep 18, 2019 at 11:08 AM Laurel Brown <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
>>>
>>>
>>> --
>>> Laurel Brown
>>> *Attorney and Counselor at Law*
>>> *5071 SW Waite St.*
>>> *Seattle, WA  98116*
>>> *425-361-6286*
>>> ***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
>>> http://mailman.fsr.com/mailman/listinfo/wsbarp
>>
>> ***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
>> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
>
>
> --
> Laurel Brown
> *Attorney and Counselor at Law*
> *5071 SW Waite St.*
> *Seattle, WA  98116*
> *425-361-6286*
> ***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
> http://mailman.fsr.com/mailman/listinfo/wsbarp



-- 
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com

-- 
PRIVILEGED AND CONFIDENTIAL:  This e-mail (including any attachments) is 
intended only for the use of the individual or entity named above and may 
contain privileged or confidential information. If you are not the intended 
recipient, or the employee or agent responsible to deliver it to the 
intended recipient, you are notified that any review, dissemination, 
distribution or copying of this e-mail is prohibited. Attempts to intercept 
this message are in violation of 18 USC 2511(1) of the Electronic 
Communications Privacy Act, which subjects the interceptor to fines, 
imprisonment and/or civil damages. If you have received this e-mail in 
error, please immediately notify us by e-mail, facsimile, or telephone; 
return the e-mail to us at the e-mail address below; and destroy all paper 
and electronic copies. Any settlement offer contained herein is made 
pursuant to Washington ER 408, and without admitting fault or liability on 
the part of this firm’s client(s) or its agents.  IRS CIRCULAR 230 
DISCLAIMER:  To ensure compliance with requirements imposed by the IRS, I 
inform you that any U.S. tax advice contained in this communication 
(including any attachments) is not intended or written to be used, and 
cannot be used, for the purpose of (i) avoiding penalties under the 
Internal Revenue Code; or (ii) promoting, marketing or recommending to 
another party any transaction or tax-related matter addressed herein. 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190918/f3b82fb8/attachment.html>


More information about the WSBARP mailing list