My Neighbor Has a Dangerous Tree
In Washington, “one whose land is located in or adjacent to an urban or residential area and who has actual or constructive knowledge of defects affecting his trees has a duty to take corrective action.” Lewis v. Krussell, 101 Wn.App. 178 (2000). This means that if your neighbor has a dangerous tree, such as a dead tree or a tree exhibiting rot or decay, you should put your neighbor on notice of the dangerous tree, so they take action before the tree causes damage. If the neighbor chooses not to remove the tree, they may be held to a higher standard in a case against them for negligence or nuisance if it causes damage to your property.
The notice must be specific enough to identify the defective condition with the tree. In Chaudhry v. Day, 31 Wn.App. 2d 225 (2024) the neighbor generally complained about the fact that the tree swayed in the wind and that the branches growing over the property line could cause damage, and in fact, in one case a branch did fall and cause damage. The court held that the subjective belief of the neighbor that branches overhanding the property line could cause damage was not enough to create the duty to remove the tree. The court stated:
Here is no evidence in the record about the condition of the branch that allegedly fell on the Chaudhrys’ roof. Despite the Chaudhrys‘ general claim that the tree was dangerous, the Chaudhrys have failed to present any evidence that there was a specific defect such as rot or decay that made the tree branch that fell more dangerous or more likely to fall than any other tree branch. Chaudhry v. Day.
The notice must identify a specific tree and identify the specific defective condition of that tree. Once that notice is given, the owner has a duty of reasonable care to take corrective action to protect the neighbors. A general concern that trees lose branches and may be blown over in a windstorm are not sufficient to create this duty of care.
The courts do not require a particular form for the notice, but it should be in writing and delivered in a manner that you can prove that it was sent. It may be prudent to send a letter certified mail, but email also serves well for delivery. The content of the email and the date of delivery are both easily proven. If a response is requested from the neighbor, a reply email would also serve as evidence that they received the notice.
If you have any tree-related legal issues, the attorneys at Beresford Booth are available to help you. Please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.