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. Posted in Washington | Leave a comment. Researching Washington State laws and rules? Neighbor's Trees Trees and neighbors and the law. To contact them, visit the Washington Courts' Ask a Librarian page. For a free confidential consultation contact Maryland property law attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or by clicking here. Federal Areas--Indians Title 38. Visit our professional site », Created by FindLaw's team of legal writers and editors Box 42560 1111 Washington ST SE Olympia, WA 98504-2560 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. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Because legislatively-enacted tree law is so sparse here, much of Washington's law is based on precedent set by court cases. The following chart provides more information about Washington laws governing property lines, fences, and tree trimming. 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. Washington case law addresses property owners' right to trim encroaching branches from a tree located on a neighbor's property. You cannot cut down the tree without getting the permission of your neighbor. 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 on by . The Revised Code of Washington (RCW) is the compilation of all permanent laws now in force. In most circumstances, a landowner who builds a boundary fence along a property line can seek reimbursement from the neighboring … All rights reserved. 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. Peavy holds a Master of Divinity, as well as a Juris Doctor. Washington statutes address legal issues related to common fences separating your property from your neighbors. Optional Municipal Code Title 36. | Last updated December 01, 2017. Read More. Disclaimer: The laws listed here are for entertainment purposes only. 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. 6 (2010). Spite Fences: Revised Code of Washington Section 7.40.030. Article from 2014. The tree canopy is huge. 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. App. The law recognizes your right to exercise "self help" by trimming encroaching branches up to the property line. Developed land is also subject to tree removal limitations. We recommend using You also will … Unfortunately, good fences do not always make good neighbors. Boundary trees are those located on a common boundary line of adjoining landowners. We’ve put together the information below (taken from the District Department of Transportation) in order to help you through the tree removal process in DC. During Washington's territorial period, Washington split off from an Oregon county, three counties were disestablished, and three split into separate territories. 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. P.O. The Montgomery County Roadside Tree Law and the Maryland Roadside Tree Law both work to conserve trees in the County’s right-of-ways. Don’t Remove that Tree. 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. Stay up-to-date with how the law affects your life, Name Internet Explorer 11 is no longer supported. DISCLAIMER – Washington County Indiana provides this website as a service to the community. 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. Each agency will update its pages with current information. Navigating DC’s special tree removal laws and regulations can be difficult as a homeowner. If trimming a neighbor's tree branches kills or irreparably harms the tree, the property owner may be liable for timber trespass. In most circumstances, a property owner has the right to trim encroaching tree branches up to the property line. Copyright © 2020, Thomson Reuters. In most cases this is the only help that is provided by the law, even when damage from a tree is substantial. It is a collection of Session Laws (enacted by the Legislature, and signed by the Governor, or enacted via the initiative process), arranged by topic, with amendments added and repealed laws … While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. The following are general rules regarding overhanging tree branches. It extends way over the property line, over your yard or even your house. Nobody wants that to happen. Notice of the Public Hearing is published in the official county newspaper at least ten (10) days before the Public Hearing. For a free confidential consultation contact Maryland property law attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or by clicking here. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing work and give the tree … Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Natural Resources Building P.O. To learn more about how the law applies to your specific case, contact an experienced Washington real estate attorney. Your liability exists even if a so-called “act of God” causes the tree to fall. That designation can only come from a certified tree risk professional. Washington County Circuit Court 801 S. Jackson Street, Ste 103 Salem, IN 47167 Phone#812-883-5302 Fax#812-883-1933. Arboriculture law is also referred to as tree law and varies from country to country and state to state. In Washington state, the law addresses in detail the rights and responsibilities of adjoining landowners. These 10 Crazy Laws In Washington Will Leave You Scratching Your Head In Wonder. In Clark County, this costs $197 in filing fees split into two payments. It’s also a good idea to come to an agreement with your neighbor before taking any action. Some trees can be valued at more than $4,000. Stop! In addition to permitting, planting, and maintaining tree populations, the Urban Forestry Division (UFD)'s arborists are authorized to protect the District's trees by issuing citations that carry financial or other penalties for violations of regulations. 2. Staff at the Washington State Law Library can help guide you to legal resources. 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. Do you ever wonder how some laws are passed? Likewise, your neighbor has to get your permission to cut the tree back to his property line if pruning the tree will cause damage to the tree. Washington Law Welcome to the Washington Law section of FindLaw's State Law collection. Sharing a boundary line with a neighbor can unfortunately lead to conflict. When a Tree Spreads to Your Neighbor. Firefox, or Microsoft Edge. For a case where it is an invasive tree, and the state has 4 invasive tree species, a permit is not required. Washington County facilities will be requiring face coverings and health screenings prior to entering any of our buildings. Google Chrome, This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Other County Laws Roadside Tree Law. Cities and Towns Title 35A. The state of Washington doesn’t allow marathon dancing, skipping, sliding, gliding, rolling or crawling. County codes regulate the development and some uses of private property including home businesses, vehicle storage, recreational vehicle storage and use and de 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. The laws clearly state that if the tree trunk is in one person's property and the branches overhang into another person's property, the other property owner has all rights to cut the branches if they are creating a nuisance. Washington Property Line, Fence, and Tree Trimming Laws. It assumes no responsibility for mistakes or information which becomes obsolete due to changing statutes or rules. Washington Savings Association Act Title 34. It's all too common for adjoining property owners to have differing opinions about fences and trees along the property line. 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. Administrative Law Title 35. Snohomish County Government 3000 Rockefeller Avenue Everett, WA 98201 Phone: 425-388-3411 Read More. Washington State Law On Cutting Down Trees, How to Get a Restraining Order in Spokane, Washington, California Property Line Laws: Fence & Tree Trimming, Texas Law on Cutting Down Neighbors' Tree Limbs That Hang Into Your Property, Findlaw: Washington Court of Appeals -- Maier v. Giske. If the tree is on a protected list you cannot build in it at all. Fences and trees along the property line can easily give rise to disagreements. Washington Tree Damage Laws. Are you a legal professional? 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. Box 42560 1111 Washington ST SE Olympia, WA 98504-2560 Washington statutes allow courts to enjoin the construction of any structure built maliciously and intended to spite, injure, or annoy an adjoining landowner. In this case, you may have questions about your rights regarding the portion of the tree that is on your property. When a tree is designated as a heritage tree, a plaque so signifying shall be placed near the tree. All public hearings for land use ordinances must take place during this time frame. Boundary trees are owned by both landowners as tenants in common. (To learn what you must prove in order to get actual damages, see Nolo’s article When a Neighbor Damages or Destroys Your Tree.) Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. In Washington, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). otherwise harming a tree can be liable for double or triple the value of the tree if the trespass is upheld. Learn your rights and responsibilities regarding trees on neighboring properties These laws require residents who plan to plant, prune, disturb, or remove street trees to obtain permits. Title 32. CIRCUIT COURT. 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. Box 6, 14949 62nd St. North » Stillwater, MN 55082-6132 » 651-430-6000 » 651-430-6246 (TTY) » This restriction is sometimes called a Tree Preservation Order. As discussed in our article on nuisance, property owners have certain duties to maintain and utilize their property so that it does not constitute a nuisance for either other property owners nearby or the public. Washington laws allow courts to issue injunctions to stop the construction of spite fences or other structures. This law came to pass after the speaker of the state House of Representatives raced to an all-pay facility without a dime. Treehouses are generally classed as 'temporary structures', like a garden shed. As the next step in the eviction process, Washington landlords must file a complaint in the appropriate Superior court. 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. 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 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. 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. Check the table below to find out if there’s a Washington criminal statute on causing intentional damage to a tree. Neighbor law. Tree laws may vary slightly from one city to the other. Search, Property Boundaries, Lines and Neighbors FAQ, Property Line and Fence Laws in Washington. We have tried to cite specific references when available but, we make no guarantees on the validity of these laws and as such: the laws and regulations including the interpretation and commentary we have provided are for entertainment only. Washington County Services. Not Many People Realize That These 10 Things Are Actually Illegal In Washington. A tree growing in a residential neighborhood would require more duty of care than a tree in a more rural setting. The second payment is due after the tenant files their answer or an Order to Show Cause is requested by the landlord. Please try again. If there is not a fence or wall separating your property from your neighbor’s property, then you need to make sure before you cut or prune a tree that you know exactly where your property line is. Your neighbor has that old maple tree right near the property line. Select Washington County locations are open. Exceptional trees are also granted special protections under the law. County Ordinances An Ordinance is a governmental authority law enacted or amended after adoption at a required Public Hearing presided over by the County Board. Statutes and Case Law. You are still encouraged however, to use our online resources when possible. In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. Tree Trimming: Maier v.Giske,154 Wn. 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. If you live in a subdivision or an area where there is a homeowners association, then you need to check the rules of the association regarding the planting, removal and pruning of trees. Location: PSB-155 N 1st Ave, Rm 350, Hillsboro OR 97124 Phone: 503 846-8761 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. Adjoining landowners are jointly responsible for maintaining boundary fences. If you intentionally cut down or prune a tree and it is later discovered that the tree was on your neighbor’s property, you can be ordered by a court to pay the value of the tree plus up to three times the value of the tree in punitive damages. His published works include “Disaster Among the Heavens," “What Must I Do? It’s strange to think that these Washington laws made it to the books and even stranger to think that they’ve stayed there. Before cutting those branches I suggest you speak with a Maryland property law attorney. The first thing to do is check the laws about tree overhanging the property line. Homeowners associations can levy penalties and fines on those who violate easements and views. Counties Title 37. Boundary Fence Rules. You can also be guilty of trespass if you cut down or trim trees belonging to your neighbor even if you do so by mistake. Many King County services are continually adapting because of the COVID-19 pandemic. Tree laws in Maryland do not allow the removal of protected trees. You must also check the law in your state, county or city to determine if different rules may apply to you. Examples of issues which can be addressed in this law include adverse possession, boundary line encroachments, and improper trimming. If you plant a tree on your property and it grows into your neighbor’s property, Washington law deems such a tree to be jointly and equally owned by you and your neighbor. Don E. Peavy, Sr. teaches philosophy, ethics and religion at the University of Phoenix, Dallas Campus. Natural Resources Building P.O. In general, owners cannot remove more than three trees with a trunk diameter of more than six inches in any given year. 6 (2010). Related Property Line, Fence, and Tree Resources, Get Property Dispute Relief from a Washington Attorney. 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). A landowner building a boundary fence must first give notice to the adjoining landowner. Washington State has various laws regarding cutting down trees. Washington Savings Bank Act Title 33. Giske, Division I of Washington’s Court of Appeals recited an uncontested set of legal conclusions which were in harmony with the law from other U.S. jurisdictions. Every state has its crazy laws, and Washington is no exception. Tree related issues and disputes are common in Washington State. It’s also a good idea to come to an agreement with your neighbor before taking any action. 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. 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. Jones had to pay to have the tree removed, and the For example, Merullo cites the case of Costina vs. Ryland. Sometimes the associations have rules regarding the type and sizes of trees that can be planted. D. Protection of Heritage Tree. The email address cannot be subscribed. Washington County's 'ordinance season' The Washington County Charter establishes an annual land use "ordinance season" from March 1 - Oct. 31. Be prepared to wonder even more. App. Bookmark the permalink. 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