Your Trees are Not Necessarily Yours to Control: Tree Removal, Tree Topping, and the Views Trees Provide (and Prevent)

Michael D. Brandt and Molly E. Mueller

Tree related issues and disputes are common in Washington State, as we Washingtonians have a desire to preserve our trees as much as possible, yet we also want to take advantage of the stunning views that the Pacific Northwest has to offer. As such, we are often left with a mental tug-of-war and confusion over our tree rights, view rights, and all other tree-related issues. Before you or your Association move forward with tree removal, tree topping, and/or tree pruning, conduct your due diligence, check with your local municipality, and review your Association’s governing documents!

When it comes to tree removal and topping on one’s own property, nearly every County and/or City has its own rules, codes, ordinances, and/or processes that must be followed. If you are considering tree removal or topping, you should always check with the appropriate municipality first to make sure that you are: (1) allowed to remove, top, or prune the tree in question; and (2) following the proper procedures under which you can remove, top, or prune the tree (i.e., submittal and review

of a tree removal plan, obtaining a permit, and/or providing for any required “re-planting,” and/or environmental habitat protection plan).

Also, check your Association’s governing

documents, including Architectural Control Committee (“ACC”) Guidelines for any regulations that have been imposed on members related to trees, tree rights, and/or tree removal. Keep in mind that if a conflict exists between the municipality’s regulations and the Association’s governing documents, the municipality’s rules, codes, ordinances, and/or processes will generally prevail.

Do not remove or top trees located on property that you do not own! This includes “shared” or common trees that straddle a common boundary line. A tree, standing directly upon the line between adjoining owners, so that the boundary line passes through it, is the common property of both parties, whether marked or not; and a claim for timber trespass will exist if a person cuts and destroys it without the consent of the other. Happy Bunch, LLC v. Grandview North , LLC, 142 Wn. App. 81, 93,

24 Community Associations Journal | June 2017