[WSBARP] WSBARP Digest, Vol 100, Issue 15

Mon Jan 16 15:33:44 PST 2023

I remember years ago doing some research on tree issues, and found that there could be different results for a naturally growing tree versus one that was planted. 
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com

    On Monday, January 16, 2023 at 03:26:40 PM PST, <wsbarp-request at lists.wsbarppt.com> wrote:  

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Today's Topics:

  1. Re: Tree Root Issue (Roger Hawkes)
  2. Re: Tree Root Issue (Roger Hawkes)
  3. Re: Tree Root Issue (Jennifer L White)

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Message: 1
Date: Mon, 16 Jan 2023 23:19:51 +0000
From: Roger Hawkes <roger at skyvalleylawyers.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Tree Root Issue
Message-ID:
    <CO6PR20MB36685108DF40F54624F92A3BD5C19 at CO6PR20MB3668.namprd20.prod.outlook.com>

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It is forbidden to cut any parts of a neighbor?s tree that kills the tree; it should also be true that creating a hazard tree is also forbidden.  The practical side is to get a good arborist to opine now, before the cutting.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Melody Tucker Law
Sent: Monday, January 16, 2023 2:31 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Tree Root Issue

Snohomish County, not inside the city limits.
Sent from my iPhone

On Jan 16, 2023, at 2:29 PM, Kaitlyn Jackson <kaitlyn at dimensionlaw.com<mailto:kaitlyn at dimensionlaw.com>> wrote:
? Cities have some really strict tree cutting laws that could impact the case. What city?
Sent from my iPhone

On Jan 16, 2023, at 1:55 PM, Melody Tucker Law <melodytuckerlaw at hotmail.com<mailto:melodytuckerlaw at hotmail.com>> wrote:
?
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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Message: 2
Date: Mon, 16 Jan 2023 23:21:39 +0000
From: Roger Hawkes <Roger at law-hawks.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Tree Root Issue
Message-ID:
    <CO6PR16MB40970D3ED8ABDEB1082C5AA2E9C19 at CO6PR16MB4097.namprd16.prod.outlook.com>

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Sharing with the neighbor an arborist?s opinion should fix the ?should have known? element.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
Sent: Monday, January 16, 2023 3:13 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Tree Root Issue

I think it is clear under the Washington case that the one has the right to cut tree roots on their property up to the property line regardless of the damage to the tree however, the case law does not directly answer the question, which is if the tree roots are removed and as a result, the tree falls down and damages property damage or causes personal injury and you can establish that the person removing the roots knew or should?ve known of this result is that person liable for the resulting damage.
Bryce H. Dille
Dille Law, PLLC
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**

On Jan 16, 2023, at 1:55 PM, Melody Tucker Law <melodytuckerlaw at hotmail.com<mailto:melodytuckerlaw at hotmail.com>> wrote:
?
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

CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

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Message: 3
Date: Mon, 16 Jan 2023 23:26:11 +0000
From: Jennifer L White <jen at appletreelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Tree Root Issue
Message-ID:
    <MW4PR14MB4604349F724D3BFD4EFC88FEC0C19 at MW4PR14MB4604.namprd14.prod.outlook.com>

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The case did talk about nuisance/negligence. It said that nuisance cloaked in negligence gets a negligence review ? and that, the claim fails because it can?t pass the first element of negligence, breach of duty.

Jennifer L. White, Esq.
[cid:image001.jpg at 01D929BE.DBDAE0A0]

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 Bryce Dille
Sent: Monday, January 16, 2023 3:13 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Tree Root Issue

I think it is clear under the Washington case that the one has the right to cut tree roots on their property up to the property line regardless of the damage to the tree however, the case law does not directly answer the question, which is if the tree roots are removed and as a result, the tree falls down and damages property damage or causes personal injury and you can establish that the person removing the roots knew or should?ve known of this result is that person liable for the resulting damage.
Bryce H. Dille
Dille Law, PLLC
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**

On Jan 16, 2023, at 1:55 PM, Melody Tucker Law <melodytuckerlaw at hotmail.com<mailto:melodytuckerlaw at hotmail.com>> wrote:
?
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

CONFIDENTIALITY: The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication, and the information contained in it, is strictly prohibited. If you are not the intended recipient, please contact the sender and immediately destroy all copies of the original message.
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

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End of WSBARP Digest, Vol 100, Issue 15
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