[WSBARP] Tree Root Issue

Mon Jan 16 15:16:10 PST 2023

Thanks for sharing – very interesting read for a holiday afternoon!
It’s been the law in WA for over 100 years that you can hack away at any parts of the neighbor’s offending tree that cross your property line without any concern for the tree’s wellbeing. It would be nice to think reasonable neighbors could talk across the branches and figure out a solution satisfactory to both, but alas, that is likely fantasy 😊 Perhaps the tree owner may want to take it down and plant a new one further away from the property line.

Jennifer L. White, Esq.
[cid:image003.jpg at 01D929BC.FD8EE090]

jen at appletreelaw.com<mailto:jen at appletreelaw.com>
2200 S 76th Ave
Yakima, WA 98903
509.225.9813

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Brian Holtzclaw
Sent: Monday, January 16, 2023 2:33 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Tree Root Issue

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
C:  425.478.7453 (preferred)
O: 425.678.1471
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Tree Root Issue

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

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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