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Our neighbor has over 40 huge fir trees. we have not been ab…

Customer Question
Our neighbor has over...

Our neighbor has over 40 huge fir trees. we have not been ab l tp get her to cut or delimb any of them. Can we put all the limbs and stuff from them back in her yard.

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

Wash state. She just called the sheriff on us. We contacted a lawyer and he wrote her a letter that she was responsible for a tree fallin on us. Then the city a man out{with the same name as hers} and the lawyer resindedf his advice.We hate to hire another lawyer==but guess we may have to.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

It is not a lease we both own our homes.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We, now, just want to know is we can legally put the stuff from her tress bac k on her propertyl

Submitted: 1 month ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
1/5/2018
Lawyer: Law Educator, Esq., Attorney replied 1 month ago
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 121,734
Experience: Attorney with over 24 years experience.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

Legally, in WA, they subscribe to the common law principle regarding neighboring trees. If the limbs are hanging over your property you can take down ONLY what is over your property and you cannot take anything down on her property, nor can you force her to take it down. If you take debris from her trees down you are liable to dispose of it. If debris from her trees fall into your yard, you are liable to dispose of it and not put it back in her yard (that would be like saying if leaves fall from the trees you could go rake them up and dump them in whatever neighbor's yard that has the trees). So you can trim anything over your property line and you have to dispose of the debris falling from her tree into your yard under the common law regarding neighboring trees.

Also, under the common law she is liable if the tree falls onto you or your property ONLY if the tree is known by her to be defective or damaged and she refuses to cure the defect. However, if it is a normal tree and a branch or something falls, that is not her legal liability under the common law on neighboring trees.

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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
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Experience: Attorney with over 24 years experience.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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