[WSBARP] Invasive Blackberry Bush question

Wed Sep 18 15:18:37 PDT 2019

No, you can kill and cut back the root system on your property without liability

Sent from my iPhone

On Sep 18, 2019, at 12:24 PM, Kaitlyn Jackson <kaitlyn at dimensionlaw.com<mailto:kaitlyn at dimensionlaw.com>> wrote:

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<mailto: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<mailto: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
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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
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Laurel Brown
Attorney and Counselor at Law
5071 SW Waite St.
Seattle, WA  98116
425-361-6286
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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<http://www.dimensionlaw.com/>

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