[WSBARP] Enforcing Restrictive Covenant Through Self-Help

[Jeff Davis]

Listmates:

 

A restrictive covenant states:  "No structure or object, manmade or natural,
shall be permitted to be constructed, set in place or grown to height of
obstruction on any lot which shall interfere with the view from any other
lot of marine or cascade view."

 

Neighbors allowed trees to grow that block clients' views and tell the
clients: 1.  They have no money to trim trees; 2. It is not their obligation
to trim trees or to pay for it; 3. No court will enforce that restriction;
and 4) there is no proof the trees block any views.  

 

Client provided pictures of the trees and drew in where he wants to top
them.  Neighbors still refuse to allow topping; wanting each tree marked
that client wants topped.  Mind you, these are a grove of trees, no just a
simple row.   We are hoping to get them to mediate the issue rather than
having to sue.

 

But, the question is can a property owner who benefits from a view covenant
take self help actions to trim trees on the offending neighbor's property,
who refuses to voluntarily comply, or will that lead to some form of
trespass action?

 

Jeff 

 

W. Jeff Davis, Esq.

BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129 
Fax No.: (360) 683.1258 
email:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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