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  1. #1
    Join Date
    Oct 2015
    Posts
    1

    Smile Fences and Trees

    My question involves real estate located in the State of: Washington State

    Greetings,

    I have a neighbor who I recently contacted regarding the removal of trees that are dangerous and a direct threat to our house, and are on his property (confirmed by arborist).

    Meanwhile, this same neighbor brings to my attention that he thinks our fence is on his property. We purchased the property last year, the fence has been here for at least 8-years, the property is so far away from his house and the land is unusable, and most importantly we have no idea if the fence is even on his property. He shared with us that he will have this area surveyed and put down "permanent markers."

    What are my rights? I feel as if because I brought these trees to his attention, the fence is being held over our heads. Also, we have been trying to work with this guy by being kind, and neighborly, but he does not share this same approach (which is unfortunate). I have everything in writing showing how accommodating we have been.

    Any advice would be great!

    Thank you!

  2. #2
    Join Date
    Nov 2013
    Posts
    6,526

    Default Re: Fences and Trees

    Lets start with the trees. You have made him aware of a danger of the trees what, falling on your house based on an arborist's report? If the trees then fall on your house and cause damage based on the report and it was not an act of God, like a storm or hurricane, then you may have a cause of action against the neighbor if he had prior knowledge of the liability. Don't hold your breath on that one.

    It doesn't matter where your house is with regards to the fence. If the fence is on the neighbor's property he has a right to ask you to move the fence or he can file a law suit to eject you off his land. He can have his land surveyed and so can you to determine if the fence is on his land.

    Your rights are to protect you rights to your land. And the neighbor has the same right to protect his land. It is not significant as to how nice you have been in working with the neighbor.

  3. #3
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Fences and Trees

    I'm curious as to what the arborist determined was wrong with the trees. Did he do a direct examination, or is this just his opinion based on observation from your property? Did he give you written documentation?

    If you feel you should be able to in some way claim adverse possession of the property enclosed by the fence, then let him pay for the survey and see where you actually stand. Then get a consultation with a Real Estate attorney (some offer free initial consultation).

    How long have you lived there? How long has he?

    "we have been trying to work with this guy by being kind, and neighborly, but he does not share this same approach"

    Could you explain a bit more? What has he done that you find un-neighborly? From what you have said, you've requested he remove his trees from his property. Did you indicate that you will cover all associated costs? And make sure his property is left in good condition? Did you furnish all the "official" documentation showing that the trees endanger your home?

    As to the fence, what does _your_ boundary survey show? It is possible that this is a sort of retaliation. You are asking him to do things that are of benefit to you. Possibly he's countering with a request that you do something to benefit him.

  4. #4
    Join Date
    Oct 2006
    Posts
    15,744

    Default Re: Fences and Trees

    We really need to know how his trees are endangering your house. Is there something actually wrong with them, or what?

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