[WSBARP] WSBARP Digest, Vol 100, Issue 17
STEPHEN WHITEHOUSE
swhite8893 at aol.com
Mon Jan 16 16:52:46 PST 2023
One thing you might suggest to the neighbor. If the neighbor cuts the roots, the tree comes down and kills someone, the neighbor is guilty of manslaughter.
Steve Whitehouse
Sent from my iPad
> On Jan 16, 2023, at 4:33 PM, wsbarp-request at lists.wsbarppt.com wrote:
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> Today's Topics:
>
> 1. Re: Tree Root Issue (Melody Tucker Law)
> 2. Re: Tree Root Issue (Melody Tucker Law)
> 3. Re: Tree Root Issue (Melody Tucker Law)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Tue, 17 Jan 2023 00:27:37 +0000
> From: Melody Tucker Law <melodytuckerlaw at hotmail.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Tree Root Issue
> Message-ID:
> <PH7PR20MB51852FB037B10BF041BEBF9BBDC69 at PH7PR20MB5185.namprd20.prod.outlook.com>
>
> Content-Type: text/plain; charset="utf-8"
>
> Thank you, Bryce. There seems to definitely be possible conflicting outcomes. Some of the tree's roots are on the neighbor's property but cutting those roots will definitely destabilize the tree itself.
>
> 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.
>
> ________________________________
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Bryce Dille <Bryce at dillelaw.com>
> 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> 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: 2
> Date: Tue, 17 Jan 2023 00:28:07 +0000
> From: Melody Tucker Law <melodytuckerlaw at hotmail.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Tree Root Issue
> Message-ID:
> <PH7PR20MB51858523943F2D4A69526760BDC69 at PH7PR20MB5185.namprd20.prod.outlook.com>
>
> Content-Type: text/plain; charset="utf-8"
>
> Good idea, Roger, Thank you.
> 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.
>
> ________________________________
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Roger Hawkes <Roger at law-hawks.com>
> Sent: Monday, January 16, 2023 3:21 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Tree Root Issue
>
>
> 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.***
>
> _______________________________________________
> WSBARP mailing list
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> ------------------------------
>
> Message: 3
> Date: Tue, 17 Jan 2023 00:33:19 +0000
> From: Melody Tucker Law <melodytuckerlaw at hotmail.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Tree Root Issue
> Message-ID:
> <PH7PR20MB518578ADD29AAA5257C6CF87BDC69 at PH7PR20MB5185.namprd20.prod.outlook.com>
>
> Content-Type: text/plain; charset="windows-1252"
>
> Apparently, Jennifer, that the neighbor is determined to cut the roots up to the property line. But cutting those roots will definitely destabilize the tree itself. I asked about moving the tree (not an inexpensive job) or cutting it and planting another further in from the property line. This is a very old, original growth, VERY big tree. Moving it would be impossible and the owner does not want to cut this 150 ft, high tree! After seeing his photos, I can totally understand his position!
>
> 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.
>
> ________________________________
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Jennifer L White <jen at appletreelaw.com>
> Sent: Monday, January 16, 2023 3:16 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Tree Root Issue
>
>
> 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,
>
>
>
> [cid:image004.png at 01D929BC.FD8EE090]<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dhttps-3A__villagelifehomes.com_%26d%3DDwMFAg%26c%3DeuGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM%26r%3DkDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho%26m%3D36-UDzqkkK2WhOmeiQQvkU6wW_RCq9lTvhkQVPdCCfc%26s%3DckToARAi4HJWPs-QpoFFLEMfho91E-ui0clGnXapEoQ%26e%3D&data=05%7C01%7C%7C846449b5ebfd42cd6d4608daf81948ee%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638095084758930897%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=6eEvQVqkh8RF9jz%2F1GM%2BqD3lsjc4pMNf3CIY1bWgtQ8%3D&reserved=0>
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> Brian Holtzclaw
>
> General Counsel
>
> C: 425.478.7453 (preferred)
>
> O: 425.678.1471
>
> 19020 33rd Ave West | Suite 450<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dhttps-3A__www.google.com_maps_place_19020-2B33rd-2BAve-2BW-2B-2523450-2C-2BLynnwood-2C-2BWA-2B98036_-4047.8258729-2C-2D122.2811161-2C17z_data-3D-213m1-214b1-214m5-213m4-211s0x5490056d7406e221-3A0x13e34492c8cc791a-218m2-213d47.8258693-214d-2D122.2789274%26d%3DDwMFAg%26c%3DeuGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM%26r%3DkDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho%26m%3D36-UDzqkkK2WhOmeiQQvkU6wW_RCq9lTvhkQVPdCCfc%26s%3D4-FzGROn1VGYdLs9O8son2SSoFaSIZYPgB4Jp-oB-A8%26e%3D&data=05%7C01%7C%7C846449b5ebfd42cd6d4608daf81948ee%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638095084758930897%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=WeT%2FXVacRa%2FeWkOuG%2F7z4xNcH1h4SR%2B9xU%2B%2FxNAOqU0%3D&reserved=0>
>
> Lynnwood, WA 98036<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Furldefense.proofpoint.com%2Fv2%2Furl%3Fu%3Dhttps-3A__www.google.com_maps_place_19020-2B33rd-2BAve-2BW-2B-2523450-2C-2BLynnwood-2C-2BWA-2B98036_-4047.8258729-2C-2D122.2811161-2C17z_data-3D-213m1-214b1-214m5-213m4-211s0x5490056d7406e221-3A0x13e34492c8cc791a-218m2-213d47.8258693-214d-2D122.2789274%26d%3DDwMFAg%26c%3DeuGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM%26r%3DkDcM-fraYQNOZ1rCslLoMSSRXJQXmQVvRJbE6ymQGho%26m%3D36-UDzqkkK2WhOmeiQQvkU6wW_RCq9lTvhkQVPdCCfc%26s%3D4-FzGROn1VGYdLs9O8son2SSoFaSIZYPgB4Jp-oB-A8%26e%3D&data=05%7C01%7C%7C846449b5ebfd42cd6d4608daf81948ee%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638095084758930897%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=WeT%2FXVacRa%2FeWkOuG%2F7z4xNcH1h4SR%2B9xU%2B%2FxNAOqU0%3D&reserved=0>
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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
>
>
>
> 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.
> -------------- next part --------------
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> ------------------------------
>
> ***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.***
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
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> End of WSBARP Digest, Vol 100, Issue 17
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