[WSBARP] Tree Root Issue

[Brian Holtzclaw]

Mustoe v. Ma, 193 Wn. App. 161 (2016)

Division 1 held in that case that a property owner can treat encroaching roots just like encroaching branches



Best regards,

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Brian Holtzclaw
General Counsel
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O: 425.678.1471
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Melody Tucker Law
Sent: Monday, January 16, 2023 1:53 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Tree Root Issue

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Listmates, I have a question for the knowledgeable among you in tree law.

I received a call from a potential client who has property containing numerous large trees. The tree in question in this matter is fully on his own property but some roots do extend onto the neighbor's property, of course. The roots have done no damage, but the neighbor has decided to cut the roots at the property line because he doesn't want them on his side of the fence. The PC is concerned that if those very large roots are cut, it could kill the tree eventually. Even of greater concern is that those are anchoring roots and that tree will no longer be secure and could easily fall onto his house.

The neighbor is determined to cut the roots. PC would like to know what his legal standing is to 1- prohibit the neighbor from cutting the roots, or 2- what his recourse is should the roots be cut and the tree dies or falls onto his home.

All input, information, and citations if available, would be greatly appreciated. Thank you so much.

Melody




Melody Claire Tucker
Attorney at Law
WSBA #42096
Melody Tucker Law
P.O. Box 2029
Lynnwood, WA 98036
206-228-4980      Fax: 425-743-5921
website:  MelodyTuckerLaw.com



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