Many of us living in the Pacific Northwest are familiar with both the beauty and the unique considerations that come with being surrounded by large trees. As we approach Fall, piles of falling leaves and the threat of windstorms loom. Many concerned property owners ask, can I trim my neighbor’s trees that overhang onto my property? What about trees where the trunks are on the property line? This is a personal issue for many which can have significant penalties for unsuspecting property owners.
Can I trim my Neighbor’s Trees that Overhang onto My Property?
When the trunk of a tree is located wholly on a neighboring property but some of its branches or roots encroach and/or overhang onto another property, Washington law generally permits the owner of the property onto which the branches or roots encroach and/or overhang to trim such branches or roots. However, the property owner must be careful not to trim or cut any portion of the tree that is not located on their property (i.e., they can only trim or cut up to the property line). Property owners also cannot enter their neighbor’s property to conduct the trimming, unless the neighbor has consented, without running afoul of trespassing laws.
Can I Maintain Trees That Are on Both My Property and My Neighbor’s Property?
Boundary trees—those growing on or near property lines—can be a source of beauty, shade, and unfortunately, legal disputes. In Washington State, trees located directly on the property line of adjoining property owners are the common property of both property owners, meaning each is entitled to maintain the boundary trees, but not in a way that interferes with the rights of the other property owner. Washington courts have upheld these principles, notably in Herring v. Pelayo, 198 Wn. App. 828, 39 P.3d 125 (2017). In this case, the Herrings removed branches from a tree located on a common property line shared with the Pelayos. The Pelayos believed that the manner in which the tree branches were removed caused the tree to become unbalanced and that the unbalanced tree constituted a danger to their home and their safety. The Pelayos therefore removed all of the remaining branches of the tree, causing the boundary tree to die. The Washington Court of Appeals, Division 2, held that “where a tree stands on a common property line, the common owners of the tree may lawfully trim vegetation overhanging their property but not in a manner that the common owner knows will kill the tree.” Herring. at 838-39. Since the evidence presented at trial showed that the Pelayos knew that the removal of the remaining branches would kill the tree, they were held liable for timber trespass.
Significant Consequences of Unlawful Tree Trimming
Penalties for timber trespass are significant. Under RCW 64.12.030, if someone cuts down, girdles, or otherwise injures a tree on another’s land without lawful authority, they may be liable for treble damages (i.e., three times the amount of damages assessed). This statute is designed to deter unauthorized tree removal and protect property rights. Courts have interpreted “injure” broadly, meaning even root cutting or excessive pruning that leads to tree death could trigger treble damages.
Check Your Local Ordinances
As with many property issues, it is critical to consider your local ordinances and regulations. Many local jurisdictions (e.g., cities and counties) require permits for removing trees or otherwise impose additional penalties and requirements when removing or trimming trees on your property. If you are developing your property, there may also be additional environmental issues to consider such as requirements relating to how many, or what percentage of, trees you can remove from your property.
If you would like more information regarding Washington boundary tree laws and local regulations or if you would like assistance in analyzing boundary tree issues related to your property, please contact Stephanie Gero Dahlstrom or any other attorney in Montgomery Purdue PLLC’s environmental law practice group.