[WSBARP] Tree Root Issue

[Roger Hawkes]

‘thought’ , not ‘though’

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Tuesday, January 17, 2023 2:28 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Tree Root Issue

Thanks, Bryce; that is what I have though was ‘the law’ for a long time.

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 Bryce Dille
Sent: Tuesday, January 17, 2023 1:54 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Tree Root Issue

Herring v. Pelayo It holds that if tree is standing on the property line it is owned in common and that it seems to hold that you can trim the branches on your side if it does not affect the health of the tree but you are liable if it does kill or damage the tree which different  then other case cited where the tree was not on the line.

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

[R_Alan_Swanson-WH-200]
** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

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 Roger Hawkes
Sent: Tuesday, January 17, 2023 1:10 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Tree Root Issue

Thanks, Bryce; my search won’t find that number; what is the case name?

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 Bryce Dille
Sent: Monday, January 16, 2023 4:01 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Tree Root Issue

However we have a different result if the tree that dies  is right on the property line and is on both of the neighboring properties see 198 Wn.App. 828 the court held the neighbors hold the tree as tenants in common

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

[R_Alan_Swanson-WH-200]
** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

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 Jennifer L White
Sent: Monday, January 16, 2023 3:26 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Tree Root Issue

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:image002.jpg at 01D92A8F.5ABB6220]

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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230118/b091116b/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 8651 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230118/b091116b/image001-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 987192 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230118/b091116b/image002-0001.jpg>