Every community association needs legal assistance from time to time. If your association has not established a relationship with an attorney yet, then it should seek to work with one who focuses their practice on this area, possesses substantial experience, and is committed to the efficient provision of their services. However, communication style and personality should not be overlooked. I place particular emphasis on brevity and clarity when conveying advice, and my clients often remark that they appreciate my unique blend of warmth and practicality. Feel free to contact me to discuss your association's needs and how I can help you address them.
March 17, 2025
January 23, 2025
Washington Court of Appeals Addresses Boundary Tree Trespass Claim
Two lot owners in a homeowners
association share a property line which runs parallel to a row of Leyland
Cypress trees. Some of those trees are located entirely on one property, but
some straddle the common property line. One owner removed approximately the top
third of the trees. The other owner sued for timber trespass under RCW
64.12.030. In a recent unpublished decision, Division II of the
Washington Court of Appeals decided that the defendant did not have the authority to cut the trees in that manner. It noted that
trees located directly on property lines are the common property of the adjoining
owners and that each owner is entitled to maintain such boundary trees as long as
their maintenance does not interfere with the rights of the other owner. In this
case, such substantial cutting reduced the trees' effectiveness as a privacy screen for one
of the owners.
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