[WSBARP] Boundary Line/Timber Trespass Issues

[Douglas Scott]

Sounds like you have SOL equitable arguments but not legal. This is a job for mediation between neighbors 

Sent from my iPhone

> On Sep 23, 2022, at 1:12 PM, samuel at meylerlegal.com wrote:
> 
> 
> Listmates:
>  
> PC has a boundary line/timber trespass dispute with the neighbor.  Neighbor purchased their property in 2012, which was a vacant lot at the time.  Two large (think 60-75 feet) trees straddled the boundary line.  Property owners have an interest in trees on a common boundary that is “proportionate to the percentage of [the trees'] trunks growing on [the owner's] property.” Happy Bunch, LLC v. Grandview N., LLC, 142 Wn. App. 81, 93, 173 P.3d 959 (2007).  “[T]he correct measure of damages is calculated by multiplying the trees' value by the percentage of the trees' trunks that had been growing on the plaintiff's property.”  Id. at 94.
>  
> Neighbor built a residence on the property in 2017.  During their construction of the residence in 2017, they completely removed one of the trees without consent and removed roots from the second tree that were on the neighbor’s side of the boundary in order to be able to excavate, pour their foundation, run utilities, etc…  We know all of this from the personal representative of the estate that PC purchased the property from.  PC’s predecessor (deceased) did nothing about the timber trespass at that time.
>  
> PC purchased their property from the estate in 2018.  The one tree that was left standing by the other neighbor was dying.  Arborist says that the damage/cutting of the roots that the neighbor had done caused significant damage and the tree was dying (not dead, but dying).  The tree was extremely close the PC’s residence and PC was concerned about damage to their residence, so they wrote to neighbor at their permanent residence (neighbor developed the next-door property as a second home) and said that they want to remove the tree.  Neighbor never responded so PC went out and took the tree down.  You know where this is going…  Neighbor came to their vacation home, found that PC took the tree down and is asserting claims.    
>  
> RCW 64.12.040 provides mitigating circumstances, but legitimate and imminent harm to one’s own property does not appear to be a defense or a mitigating factor when someone takes down a tree that they “jointly own” because it is straddling the boundary.  Neighbor’s complete removal of one tree and damage to the roots of the tree that PC ultimately removed took place when PC’s predecessor owned the property/trees and it was several years ago so I don’t think that PC has any sort of viable counterclaim. 
>  
> It seems wrong that the neighbor took down a co-owned tree without liability, caused the other tree to start dying, but PC is liable to the neighbor for protecting their home from the tree falling on it.  Anyone have any thoughts as to potential claims, counterclaims or defenses?
>  
> Happy Friday!
>  
> Sam 
>  
>  
> Samuel M. Meyler
> Meyler Legal, PLLC 
> 1700 Westlake Ave. N., Ste. 200
> Seattle, Washington 98109
> Tel:  206.876.7770
> Fax:  206.876.7771
> Email:  samuel at meylerlegal.com
>   
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