[WSBARP] Enforcing Restrictive Covenant Through Self-Help

[Jane Bitz]

It sounds like the neighbors are trying to provoke or invite some kind of timber trespass by your client. Don't let him do this. "Treble damages." RCW 64.12.030 (Topping trees is a bad idea anyway because it weakens the trees and depending on the species, causes the tree to sprout even more vigorous growth.)

I would look for a way to engage the neighbors in a discussion about removing the offending trees with your client bearing some or all of the cost. Mediation (if the agree to participate) is the best way to go because your mediator can point out the potential that they could lose the case and be forced to remove the trees themselves or have the cost entered as a judgment on their property.

Jane.

Jane G. Bitz
Of Counsel
Wolff, Hislop & Crockett, PLLC
12209 E. Mission Ave, Suite 5
Spokane Valley, WA 99206-4824
(509) 927-9700 x126
FAX: (509) 777-1800

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff Davis
Sent: Friday, September 4, 2020 2:37 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Enforcing Restrictive Covenant Through Self-Help

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: info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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