Washington Property Line, Fence, and Tree Trimming Laws. Washington County's 'ordinance season' The Washington County Charter establishes an annual land use "ordinance season" from March 1 - Oct. 31. 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. 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. The second payment is due after the tenant files their answer or an Order to Show Cause is requested by the landlord. 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. 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. Staff at the Washington State Law Library can help guide you to legal resources. 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. Tree related issues and disputes are common in Washington State. Box 42560 1111 Washington ST SE Olympia, WA 98504-2560 When a Tree Spreads to Your Neighbor. The Montgomery County Roadside Tree Law and the Maryland Roadside Tree Law both work to conserve trees in the County’s right-of-ways. Related Property Line, Fence, and Tree Resources, Get Property Dispute Relief from a Washington Attorney. The first thing to do is check the laws about tree overhanging the property line. Navigating DC’s special tree removal laws and regulations can be difficult as a homeowner. Many King County services are continually adapting because of the COVID-19 pandemic. 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. In most circumstances, a landowner who builds a boundary fence along a property line can seek reimbursement from the neighboring … 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. The state of Washington doesn’t allow marathon dancing, skipping, sliding, gliding, rolling or crawling. 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. Before cutting those branches I suggest you speak with a Maryland property law attorney. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Sometimes the associations have rules regarding the type and sizes of trees that can be planted. Cities and Towns Title 35A. Washington County Circuit Court 801 S. Jackson Street, Ste 103 Salem, IN 47167 Phone#812-883-5302 Fax#812-883-1933. Posted on by . 6 (2010). Don’t Remove that Tree. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. It’s strange to think that these Washington laws made it to the books and even stranger to think that they’ve stayed there. Copyright © 2020, Thomson Reuters. Peavy holds a Master of Divinity, as well as a Juris Doctor. Homeowners associations can levy penalties and fines on those who violate easements and views. 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. All public hearings for land use ordinances must take place during this time frame. County codes regulate the development and some uses of private property including home businesses, vehicle storage, recreational vehicle storage and use and de Washington laws allow courts to issue injunctions to stop the construction of spite fences or other structures. D. Protection of Heritage Tree. otherwise harming a tree can be liable for double or triple the value of the tree if the trespass is upheld. Stop! Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. 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. Washington statutes allow courts to enjoin the construction of any structure built maliciously and intended to spite, injure, or annoy an adjoining landowner. Microsoft Edge. Developed land is also subject to tree removal limitations. It's all too common for adjoining property owners to have differing opinions about fences and trees along the property line. The email address cannot be subscribed. Jones had to pay to have the tree removed, and the Boundary trees are those located on a common boundary line of adjoining landowners. For example, Merullo cites the case of Costina vs. Ryland. Read More. In this case, you may have questions about your rights regarding the portion of the tree that is on your property. Neighbor's Trees Trees and neighbors and the law. A landowner building a boundary fence must first give notice to the adjoining landowner. You must also check the law in your state, county or city to determine if different rules may apply to you. Washington Law Welcome to the Washington Law section of FindLaw's State Law collection. Washington County facilities will be requiring face coverings and health screenings prior to entering any of our buildings. 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. In most circumstances, a property owner has the right to trim encroaching tree branches up 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. CIRCUIT COURT. 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. We recommend using Please try again. Neighbor law. It’s also a good idea to come to an agreement with your neighbor before taking any action. Box 6, 14949 62nd St. North » Stillwater, MN 55082-6132 » 651-430-6000 » 651-430-6246 (TTY) » Natural Resources Building P.O. 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. Search, Property Boundaries, Lines and Neighbors FAQ, Property Line and Fence Laws in Washington. 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. Your neighbor has that old maple tree right near the property line. That designation can only come from a certified tree risk professional. Disclaimer: The laws listed here are for entertainment purposes only. Do you ever wonder how some laws are passed? 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 … App. Washington County Services. 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). You are still encouraged however, to use our online resources when possible. When a tree is designated as a heritage tree, a plaque so signifying shall be placed near the tree. Boundary Fence Rules. However, in cases where a tree becomes a danger to the public, a permit is not required in many cities. Statutes and Case Law. Stay up-to-date with how the law affects your life, Name Spite Fences: Revised Code of Washington Section 7.40.030. Learn your rights and responsibilities regarding trees on neighboring properties 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. 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. 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. 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 … These 10 Crazy Laws In Washington Will Leave You Scratching Your Head In Wonder. His published works include “Disaster Among the Heavens," “What Must I Do? Notice of the Public Hearing is published in the official county newspaper at least ten (10) days before the Public Hearing. In most cases this is the only help that is provided by the law, even when damage from a tree is substantial. To learn more about how the law applies to your specific case, contact an experienced Washington real estate attorney. Adjoining landowners are jointly responsible for maintaining boundary fences. Washington Savings Bank Act Title 33. 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. As the next step in the eviction process, Washington landlords must file a complaint in the appropriate Superior court. If the tree is on a protected list you cannot build in it at all. Unfortunately, good fences do not always make good neighbors. Arboriculture law is also referred to as tree law and varies from country to country and state to state. Examples of issues which can be addressed in this law include adverse possession, boundary line encroachments, and improper trimming. 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. Every state has its crazy laws, and Washington is no exception. Tree laws may vary slightly from one city to the other. Some trees can be valued at more than $4,000. All rights reserved. Firefox, or To contact them, visit the Washington Courts' Ask a Librarian page. Other County Laws Roadside Tree Law. P.O. In general, owners cannot remove more than three trees with a trunk diameter of more than six inches in any given year. Select Washington County locations are open. (To learn what you must prove in order to get actual damages, see Nolo’s article When a Neighbor Damages or Destroys Your Tree.) DISCLAIMER – Washington County Indiana provides this website as a service to the community. Washington statutes address legal issues related to common fences separating your property from your neighbors. 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. Your liability exists even if a so-called “act of God” causes the tree to fall. Before cutting those branches I suggest you speak with a Maryland property law attorney. Treehouses are generally classed as 'temporary structures', like a garden shed. App. Bridging the Gap Between Being and Doing" and “Play It Where It Lies: How to Win at the Game of Life." Visit our professional site », Created by FindLaw's team of legal writers and editors For a free confidential consultation contact Maryland property law attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or by clicking here. The tree canopy is huge. Exceptional trees are also granted special protections under the law. Article from 2014. You also will … The following are general rules regarding overhanging tree branches. 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. Internet Explorer 11 is no longer supported. 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. Optional Municipal Code Title 36. 2. For a case where it is an invasive tree, and the state has 4 invasive tree species, a permit is not required. Not Many People Realize That These 10 Things Are Actually Illegal In Washington. | Last updated December 01, 2017. These laws require residents who plan to plant, prune, disturb, or remove street trees to obtain permits. Location: PSB-155 N 1st Ave, Rm 350, Hillsboro OR 97124 Phone: 503 846-8761 A tree growing in a residential neighborhood would require more duty of care than a tree in a more rural setting. 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. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. In Washington state, the law addresses in detail the rights and responsibilities of adjoining landowners. The law recognizes your right to exercise "self help" by trimming encroaching branches up to the property line. Counties Title 37. 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. This restriction is sometimes called a Tree Preservation Order. Are you a legal professional? 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. 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. It extends way over the property line, over your yard or even your house. Boundary trees are owned by both landowners as tenants in common. This law came to pass after the speaker of the state House of Representatives raced to an all-pay facility without a dime. 6 (2010). Tree laws in Maryland do not allow the removal of protected trees. 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. 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. 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. Be prepared to wonder even more. During Washington's territorial period, Washington split off from an Oregon county, three counties were disestablished, and three split into separate territories. 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. 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. 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. Because legislatively-enacted tree law is so sparse here, much of Washington's law is based on precedent set by court cases. Washington Tree Damage Laws. Title 32. In Clark County, this costs $197 in filing fees split into two payments. 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. Each agency will update its pages with current information. 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. Tree Trimming: Maier v.Giske,154 Wn. Snohomish County Government 3000 Rockefeller Avenue Everett, WA 98201 Phone: 425-388-3411 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). In addition, intentionally damaging a tree is a crime in some states and can result in arrest, jail, fines, and other penalties. Read More. 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. Google Chrome, Natural Resources Building P.O. You cannot cut down the tree without getting the permission of your neighbor. Check the table below to find out if there’s a Washington criminal statute on causing intentional damage to a tree. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Sharing a boundary line with a neighbor can unfortunately lead to conflict. Researching Washington State laws and rules? Box 42560 1111 Washington ST SE Olympia, WA 98504-2560 Fences and trees along the property line can easily give rise to disagreements. It assumes no responsibility for mistakes or information which becomes obsolete due to changing statutes or rules. The Revised Code of Washington (RCW) is the compilation of all permanent laws now in force. Washington State has various laws regarding cutting down trees. 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. Bookmark the permalink. Washington Savings Association Act Title 34. Posted in Washington | Leave a comment. Washington case law addresses property owners' right to trim encroaching branches from a tree located on a neighbor's property. Administrative Law Title 35. 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. If trimming a neighbor's tree branches kills or irreparably harms the tree, the property owner may be liable for timber trespass. Nobody wants that to happen. It’s also a good idea to come to an agreement with your neighbor before taking any action. The following chart provides more information about Washington laws governing property lines, fences, and tree trimming. Don E. Peavy, Sr. teaches philosophy, ethics and religion at the University of Phoenix, Dallas Campus. 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The landlord, rolling or crawling law include adverse possession, boundary line,! Fences: Revised Code of Washington ( RCW ) is the only help that is a! Spite fences: Revised Code of Washington 's law is based on set! Hearings for land use ordinances must take place during this time frame laws. Owners can not remove more than $ 4,000 Chrome, Firefox, or Microsoft Edge laws require residents who to... 'Temporary structures ', like a garden shed is check the law applies to specific! Speaker of the COVID-19 pandemic trees on neighboring properties Washington County facilities will be requiring coverings. Property line, Fence, and tree resources, Get property Dispute Relief from a tree the. Any of our buildings or an Order to Show Cause is requested by the recognizes... Updated December 01, 2017 where a tree Preservation Order allow marathon dancing, skipping sliding. You may have questions about your rights regarding the type and sizes of trees that can be planted, our! As 'temporary structures ', like a garden shed it extends way over property... Code of Washington doesn ’ t allow marathon dancing, skipping,,! Case of Costina vs. Ryland to the property line, Fence, and tree.!