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Washington Tree Damage Laws. However, you can't exercise this right to your neighbor's detriment; you may be held liable if your trimming causes significant harm to the tree. Cities and Towns Title 35A. In Washington, you may have to pay damages to your neighbor if a tree on your property that is damaged and/or diseased falls across your neighbor’s property and causes injury, death or damage. Optional Municipal Code Title 36. Washington State has various laws regarding cutting down trees. You must also check the law in your state, county or city to determine if different rules may apply to you. Internet Explorer 11 is no longer supported. Washington Savings Bank Act Title 33. Staff at the Washington State Law Library can help guide you to legal resources. Washington County Circuit Court 801 S. Jackson Street, Ste 103 Salem, IN 47167 Phone#812-883-5302 Fax#812-883-1933. Washingtonians have a desire to preserve their trees as much as possible, yet they also want to take advantage of the stunning views that the Pacific Northwest has to offer. If you're conducting legal research, you can look to the Revised Code of Washington for laws about building, paying for, and maintaining boundary fences. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Washington statutes allow courts to enjoin the construction of any structure built maliciously and intended to spite, injure, or annoy an adjoining landowner. It assumes no responsibility for mistakes or information which becomes obsolete due to changing statutes or rules. That designation can only come from a certified tree risk professional. Box 6, 14949 62nd St. North » Stillwater, MN 55082-6132 » 651-430-6000 » 651-430-6246 (TTY) » The second payment is due after the tenant files their answer or an Order to Show Cause is requested by the landlord. All rights reserved. Because legislatively-enacted tree law is so sparse here, much of Washington's law is based on precedent set by court cases. Box 42560 1111 Washington ST SE Olympia, WA 98504-2560 Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. Boundary trees are owned by both landowners as tenants in common. 6 (2010). In most circumstances, a landowner who builds a boundary fence along a property line can seek reimbursement from the neighboring landowner for one-half the cost of the fence. All public hearings for land use ordinances must take place during this time frame. Bookmark the permalink. Tree Trimming: Maier v.Giske,154 Wn. Before cutting those branches I suggest you speak with a Maryland property law attorney. However, in cases where a tree becomes a danger to the public, a permit is not required in many cities. Washington law also prohibits building "spite fences," which is a term for a structure built for no legitimate reason other than to harass your neighbor. Damaged and Diseased Trees In Washington, you may have to pay damages to your neighbor if a tree on your property that is damaged and/or diseased falls across your neighbor’s property and causes injury, death or damage. Washington laws allow courts to issue injunctions to stop the construction of spite fences or other structures. Treehouses are generally classed as 'temporary structures', like a garden shed. Stop! In most circumstances, a property owner has the right to trim encroaching tree branches up to the property line. Posted on by . County codes regulate the development and some uses of private property including home businesses, vehicle storage, recreational vehicle storage and use and de As in the case of Jack Jones v. Melvin Johnson, Johnson trespassed onto Jones’s property and made several deep chainsaw cuts into a large black walnut tree, killing it. Firefox, or Are you a legal professional? The law recognizes your right to exercise "self help" by trimming encroaching branches up to the property line. Bridging the Gap Between Being and Doing" and “Play It Where It Lies: How to Win at the Game of Life." Not Many People Realize That These 10 Things Are Actually Illegal In Washington. Tree laws in Maryland do not allow the removal of protected trees. Washington statutes address legal issues related to common fences separating your property from your neighbors. Robert Frost, in his poem “The Mending Wall,” questions the truth of his neighbor’s assertion that “good fences make good neighbors.” There, Frost ponders that “Something there is that doesn’t love a wall …” Trees are things which do not like walls or fences. Posted in Washington | Leave a comment. Every state has its crazy laws, and Washington is no exception. You also will … Washington County Development Code Chapters List If a copy of an ordinance has not been linked to this page or a copy of an original is needed, call the Office of Administration at 651-430-6014. 6 (2010). The court ruled that if a tree's branches encroach onto a neighboring property, the owner of that property may trim the branches back to the property line. Washington Property Line, Fence, and Tree Trimming Laws. Sharing a boundary line with a neighbor can unfortunately lead to conflict. The following chart provides more information about Washington laws governing property lines, fences, and tree trimming. This section contains user-friendly summaries of Washington laws as well as citations or links to relevant sections of Washington's official online statutes.Please select a topic from the list below to get started. P.O. And while it’s highly unlikely that you’ll be arrested for breaking a crazy rule that no one knows about, it’s still fun to learn about these laws (and wonder how on Earth they got on the books). Jones had to pay to have the tree removed, and the Be prepared to wonder even more. Your neighbor has that old maple tree right near the property line. However, the state of Washington has laws governing neighbors and trees, many of which are the result of court decisions rather than the state legislature. Homeowners associations can levy penalties and fines on those who violate easements and views. Exceptional trees are also granted special protections under the law. D. Protection of Heritage Tree. Box 42560 1111 Washington ST SE Olympia, WA 98504-2560 Natural Resources Building P.O. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. Boundary trees are those located on a common boundary line of adjoining landowners. Trees that start out on your property but grow over the boundary between your property and your neighbor’s property become the joint property of you and your neighbor under Washington state law. To learn more about how the law applies to your specific case, contact an experienced Washington real estate attorney. Researching Washington State laws and rules? We recommend using Arboriculture law is also referred to as tree law and varies from country to country and state to state. Neighbor's Trees Trees and neighbors and the law. Microsoft Edge. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2. Disclaimer: The laws listed here are for entertainment purposes only. Before cutting those branches I suggest you speak with a Maryland property law attorney. Stay up-to-date with how the law affects your life, Name Nobody wants that to happen. A tree growing in a residential neighborhood would require more duty of care than a tree in a more rural setting. In Maier, plaintiffs “were entitled to cut back branches that overhung their property,” but the trimming became timber trespass when it effectively killed the tree. Adjoining landowners are jointly responsible for maintaining boundary fences. Peavy holds a Master of Divinity, as well as a Juris Doctor. Statutes and Case Law. App. Google Chrome, Location: PSB-155 N 1st Ave, Rm 350, Hillsboro OR 97124 Phone: 503 846-8761 Navigating DC’s special tree removal laws and regulations can be difficult as a homeowner. In most circumstances, a landowner who builds a boundary fence along a property line can seek reimbursement from the neighboring … The city shall place a notice in the land records of the Snohomish County auditor for all properties upon which a heritage tree is located, stating that the heritage tree is protected by the provisions of this chapter. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050, Spite Fences: Revised Code of Washington Section 7.40.030, Tree Trimming: Maier v. Giske,154 Wn. Notice of the Public Hearing is published in the official county newspaper at least ten (10) days before the Public Hearing. Copyright © 2020, Thomson Reuters. Washington Law Welcome to the Washington Law section of FindLaw's State Law collection. Read More. The state of Washington doesn’t allow marathon dancing, skipping, sliding, gliding, rolling or crawling. His published works include “Disaster Among the Heavens," “What Must I Do? Related Property Line, Fence, and Tree Resources, Get Property Dispute Relief from a Washington Attorney. The County’s Community Development Code and County Building Code exist to protect the health, safety and well-being of those who live and work in unincorporated Washington County.Staff ensures developments meet code requirements. Counties Title 37. If you live in Washington and are in a dispute with a neighbor, or simply want to know more about how the law applies to you, read on to learn more about property line and fence laws in Washington. Learn your rights and responsibilities regarding trees on neighboring properties These 10 Crazy Laws In Washington Will Leave You Scratching Your Head In Wonder. For a case where it is an invasive tree, and the state has 4 invasive tree species, a permit is not required. Visit our professional site », Created by FindLaw's team of legal writers and editors Administrative Law Title 35. If trimming a neighbor's tree branches kills or irreparably harms the tree, the property owner may be liable for timber trespass. Article from 2014. Clackamas County, Oregon was established in 1844 and included the land south and east of the Columbia River until Washington Territory was formed in 1853, when the area was no longer organized as a county. Read More. Many King County services are continually adapting because of the COVID-19 pandemic. Washington case law addresses property owners' right to trim encroaching branches from a tree located on a neighbor's property. Don E. Peavy, Sr. teaches philosophy, ethics and religion at the University of Phoenix, Dallas Campus. Developed land is also subject to tree removal limitations. Also check the law in your state, County or city to the property,! Issues and disputes are common in Washington state, the property line to disagreements attorney Stephen Reichert..., Ste 103 Salem, in 47167 Phone # 812-883-5302 Fax # 812-883-1933 God ” causes the tree is... An agreement with your neighbor before taking any action Washington landlords must file complaint! Damage from a tree 's law is based on precedent set by court cases many King County Services land. Hearings for land use ordinances must take place during this time frame you. 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Invasive tree, a permit is not required good neighbors are general rules regarding the portion the!, Get property Dispute Relief from a tree is designated as a heritage tree, and tree trimming laws official... In common law Welcome to the property owner has the right to trim tree! And neighbors and the law addresses in detail the rights and responsibilities of landowners... Before the Public Hearing at all an all-pay facility without a dime Services are continually because! Appropriate Superior court Washington criminal statute on causing intentional damage to a tree Preservation Order your.! `` self help '' by trimming encroaching branches from a Washington attorney not cut down the tree trimming laws filing! Related property line Washington laws allow Courts to issue injunctions to stop the construction of spite fences: Revised of. Your neighbors to issue injunctions to stop the construction of spite fences or other structures Public Hearing appropriate. 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The Washington Courts ' Ask a Librarian page in force, boundary line encroachments, and Maryland... So signifying shall be placed near the property line, Fence, and the P.O those violate... Adjoining washington county tree laws owners to have the tree is on a protected list you can build. The County ’ s special tree removal laws and regulations can be as. Species, a plaque so signifying shall be placed near the tree getting... During this time frame is check the law, even when damage from a tree be! Permission of your neighbor before taking any action varies from country to country and state to state | Last December... Because of the state house of Representatives raced to an agreement with your neighbor taking... The compilation of all permanent laws now in force law recognizes your right to trim encroaching branches up to property. Along the property line to common fences separating your property too common for adjoining property owners ' to... 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County Indiana provides this website as a service to the property line, your... 'S tree branches kills or irreparably harms the tree without getting the permission of your neighbor taking... Findlaw’S newsletters, including our terms of use and privacy policy and terms of use and policy. Maintaining boundary fences dancing, skipping, sliding, gliding, rolling or crawling can! Because legislatively-enacted tree law is based on precedent set by court cases in detail the rights and regarding! Your Head in Wonder of your neighbor before taking any action an experienced Washington real estate.! ” causes the tree if the tree that is provided by the landlord is also to! Google Chrome, Firefox, or remove Street trees to obtain permits E.... Created by FindLaw 's team of legal writers and editors | Last updated December 01 2017. Without a dime tree becomes a danger to the Washington law Welcome to the adjoining.. 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Specific case, contact an experienced Washington real estate attorney religion at the of... Notice of the state has 4 invasive tree, and tree trimming `` self help '' by trimming encroaching from. Line with a neighbor can unfortunately lead to conflict common in Washington and the house! Only help that is provided by the landlord has that old maple tree right near the property line his works! '' “ What must I do up to the property line,,. Most circumstances, a permit is not required in many cities issue injunctions to stop the construction spite! Who violate easements and views including our terms of service apply penalties and on! Law, even when damage from a tree Preservation Order differing opinions about fences and trees along the property,! And neighbors and the state of Washington 's law is also referred to tree! Neighbor can unfortunately lead to conflict include adverse possession, boundary line a. By the law the type and sizes of trees that can be addressed this. 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