[WSBARP] WSBARP Digest, Vol 79, Issue 8

Wed Apr 7 14:53:17 PDT 2021

Carol,      Tree guys are notorious for not getting permits or being careful about what they do. It can't be too extensive as there is not much in the wayof large trees in Ocean Shores. They are mostly short, wind blown, pines.       I would think you would want someone who is intimate in dealing with the city. Bill Stewart has been in the area for years and may be the guy to talk to. He may be cutting backbut he would be a good resource.

Steve 

Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com

-----Original Message-----
From: wsbarp-request at lists.wsbarppt.com
To: wsbarp at lists.wsbarppt.com
Sent: Wed, Apr 7, 2021 12:00 pm
Subject: WSBARP Digest, Vol 79, Issue 8

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Today's Topics:

  1. Re: Timber trespass issue /landscape company's liability
      (Carol Li)
  2. Re: Timber trespass issue /landscape company's liability
      (Bryce Dille)
  3. Re: Timber trespass issue /landscape company's liability
      (Tom Westbrook)

----------------------------------------------------------------------

Message: 1
Date: Tue, 6 Apr 2021 14:32:19 -0700
From: Carol Li <li.carol1004 at gmail.com>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Timber trespass issue /landscape company's
    liability
Message-ID:
    <CAFicwO9YYcvcctoiNFhcjtJjcnPV_VZDpP96X=RSA9-3o8-pUQ at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Listmates,

Looking for referrals and welcome self-referrals.

PC owns a piece of vacant land in Ocean Shores, WA. She hired a local
landscaping company(multiple 5-star reviews online) to eliminate some trees
and bushes. The landscaping company went there to cut off a whole bunch of
trees and charged her $5000 for the work. Later, PC received a letter from
the city saying she failed to obtain permits to cut off her own trees on
her property and she illegally cut off neighbor's trees are part of the
wetland. The city recommended her restore what the landscaping company did
by going through a mitigation process. This process will take multiple
steps and every step will cost PC more than $3000. PC believes it is the
landscaping company's job to a) verify whether a permit is required by
local rules before cutting anything and get the permit for her; and b)
properly identify the boundary line without cutting neighbors' trees.

Does anyone or knows anyone has experience dealing with similar situations?
Thanks in advance.

-- 
Carol Li
Phone: 425 232 0316
 *"When you think positive, good things happen"*
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Message: 2
Date: Tue, 6 Apr 2021 21:59:32 +0000
From: Bryce Dille <Bryce at dillelaw.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Timber trespass issue /landscape company's
    liability
Message-ID:
    <SA0PR11MB45905ABCAF6AB68A9912BA4FC8769 at SA0PR11MB4590.namprd11.prod.outlook.com>

Content-Type: text/plain; charset="utf-8"

Has client turned claim in to their Homeowners liability insurance carrier.

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Carol Li
Sent: Tuesday, April 6, 2021 2:32 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Timber trespass issue /landscape company's liability

Listmates,

Looking for referrals and welcome self-referrals.

PC owns a piece of vacant land in Ocean Shores, WA. She hired a local landscaping company(multiple 5-star reviews online) to eliminate some trees and bushes. The landscaping company went there to cut off a whole bunch of trees and charged her $5000 for the work. Later, PC received a letter from the city saying she failed to obtain permits to cut off her own trees on her property and she illegally cut off neighbor's trees are part of the wetland. The city recommended her restore what the landscaping company did by going through a mitigation process. This process will take multiple steps and every step will cost PC more than $3000. PC believes it is the landscaping company's job to a) verify whether a permit is required by local rules before cutting anything and get the permit for her; and b) properly identify the boundary line without cutting neighbors' trees.

Does anyone or knows anyone has experience dealing with similar situations? Thanks in advance.

--
Carol Li
Phone: 425 232 0316
 "When you think positive, good things happen"
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Message: 3
Date: Wed, 7 Apr 2021 08:49:49 -0700
From: Tom Westbrook <tjw at w3net.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Timber trespass issue /landscape company's
    liability
Message-ID: <77fd2d99fae143b4f2cc1b579e5e1870 at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Hello Carol,

I could help the PC on this if their insurance company will not pick up or
the client does not have insurance. The answer is more complicated than 1 &
2 below depending upon the circumstances. I or Scott Kee in our office
could help on this if the client is willing to work with attorneys in
Olympia. I have property in Ocean Shores as well.

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Rodgers Kee Card & Strophy, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

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COVID-19 UPDATE:

s Rodgers Kee Card & Strophy will no longer maintain ?open? hours at the
physical office.

s All the staff is working remotely.  We are routinely monitoring our voice
mail and email, which is the best way to communicate during this period.

s We are still taking new clients but consultations will be telephonic or
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and only if necessary to execute documents.

s Please provide necessary documents to us by scan and email, where
possible, or by mail if not.

s We anticipate these changes will be effective for the foreseeable
future.  We are doing everything we can to maintain the level of service
and professionalism we?ve always provided, even in the face of this public
health crisis. Thank you in advance for your patience and understanding.
 We look forward to the soonest possible return to full operations and
continued service to our clients.

*From:* wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
*On Behalf Of *Carol Li
*Sent:* Tuesday, April 06, 2021 2:32 PM
*To:* wsbarp at lists.wsbarppt.com
*Subject:* Re: [WSBARP] Timber trespass issue /landscape company's liability

Listmates,

Looking for referrals and welcome self-referrals.

PC owns a piece of vacant land in Ocean Shores, WA. She hired a local
landscaping company(multiple 5-star reviews online) to eliminate some trees
and bushes. The landscaping company went there to cut off a whole bunch of
trees and charged her $5000 for the work. Later, PC received a letter from
the city saying she failed to obtain permits to cut off her own trees on
her property and she illegally cut off neighbor's trees are part of the
wetland. The city recommended her restore what the landscaping company did
by going through a mitigation process. This process will take multiple
steps and every step will cost PC more than $3000. PC believes it is the
landscaping company's job to a) verify whether a permit is required by
local rules before cutting anything and get the permit for her; and b)
properly identify the boundary line without cutting neighbors' trees.

Does anyone or knows anyone has experience dealing with similar situations?
Thanks in advance.

-- 

Carol Li

Phone: 425 232 0316

 *"When you think positive, good things happen"*
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