173 P.3d 959 (2007). An owner that effects the removal of a shared tree, without consent of the other owner, is in violation of RCW 64.12.030 and can be held liable for trespass and treble damages for the value of the cut tree by multiplying the tree’s value by the percentage of the tree’s trunks that had been growing on the plaintiff’s property.

Protected trees will be designated by a City and/or County, but often times include trees that are larger than a certain size or those that are located in a certain geographical area (i.e. wetland, steep slope, or other designated environmentally critical areas). Again, check with your local municipality to make sure you are not removing or topping a tree that is protected.

Owners of real estate in Washington have never been afforded any blanket or automatic view rights, which may be frustrating to many homeowners in this area, as we have some of the best views to offer. However, the only view rights that are available

to homeowners are those that are provided in covenants, plats, or appropriate agreements recorded against the property or properties in question. We often see such covenants in homeowners associations that protect views within the community by limiting the height of homes, certain ancillary structures, foliage, and/or trees.

While you may be a proud tree-hugging Washingtonian or longing for the view that you know you should have, if only the tree on the edge of your property was topped, make sure you know what you are buying into when you have anything done to the trees on your property. You will appreciate the ability to spend your money and your time enjoying additional foliage or the perfect seat to enjoy your view rather than paying an attorney to negotiate or litigate your way out of a messy situation you created by not making sure you had the right to do with “your trees” what you wanted to do with them..

www.wscai.org

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