In most circumstances, a landowner who builds a boundary fence along a property line can seek reimbursement from the neighboring landowner for one-half the cost of the fence. Fences and trees along the property line can easily give rise to disagreements. It is a collection of Session Laws (enacted by the Legislature, and signed by the Governor, or enacted via the initiative process), arranged by topic, with amendments added and repealed laws … Researching Washington State laws and rules? Washington County's 'ordinance season' The Washington County Charter establishes an annual land use "ordinance season" from March 1 - Oct. 31. If you live in a subdivision or an area where there is a homeowners association, then you need to check the rules of the association regarding the planting, removal and pruning of trees. Washington Property Line, Fence, and Tree Trimming Laws. We recommend using Disclaimer: The laws listed here are for entertainment purposes only. Don E. Peavy, Sr. teaches philosophy, ethics and religion at the University of Phoenix, Dallas Campus. Box 42560 1111 Washington ST SE Olympia, WA 98504-2560 DISCLAIMER – Washington County Indiana provides this website as a service to the community. Every state has its crazy laws, and Washington is no exception. Homeowners associations can levy penalties and fines on those who violate easements and views. (To learn what you must prove in order to get actual damages, see Nolo’s article When a Neighbor Damages or Destroys Your Tree.) Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Do you ever wonder how some laws are passed? Notice of the Public Hearing is published in the official county newspaper at least ten (10) days before the Public Hearing. Article from 2014. You must also check the law in your state, county or city to determine if different rules may apply to you. The state of Washington doesn’t allow marathon dancing, skipping, sliding, gliding, rolling or crawling. The email address cannot be subscribed. Tree laws may vary slightly from one city to the other. Developed land is also subject to tree removal limitations. Bridging the Gap Between Being and Doing" and “Play It Where It Lies: How to Win at the Game of Life." You are still encouraged however, to use our online resources when possible. If trimming a neighbor's tree branches kills or irreparably harms the tree, the property owner may be liable for timber trespass. Select Washington County locations are open. This section contains user-friendly summaries of Washington laws as well as citations or links to relevant sections of Washington's official online statutes.Please select a topic from the list below to get started. Arboriculture law is also referred to as tree law and varies from country to country and state to state. Peavy holds a Master of Divinity, as well as a Juris Doctor. However, you can't exercise this right to your neighbor's detriment; you may be held liable if your trimming causes significant harm to the tree. Firefox, or For example, Merullo cites the case of Costina vs. Ryland. These 10 Crazy Laws In Washington Will Leave You Scratching Your Head In Wonder. We have tried to cite specific references when available but, we make no guarantees on the validity of these laws and as such: the laws and regulations including the interpretation and commentary we have provided are for entertainment only. Nobody wants that to happen. Tree related issues and disputes are common in Washington State. For a case where it is an invasive tree, and the state has 4 invasive tree species, a permit is not required. Natural Resources Building P.O. Exceptional trees are also granted special protections under the law. Clackamas County, Oregon was established in 1844 and included the land south and east of the Columbia River until Washington Territory was formed in 1853, when the area was no longer organized as a county. If you intentionally cut down or prune a tree and it is later discovered that the tree was on your neighbor’s property, you can be ordered by a court to pay the value of the tree plus up to three times the value of the tree in punitive damages. Washington County facilities will be requiring face coverings and health screenings prior to entering any of our buildings. All rights reserved. Trees that start out on your property but grow over the boundary between your property and your neighbor’s property become the joint property of you and your neighbor under Washington state law. Box 42560 1111 Washington ST SE Olympia, WA 98504-2560 To contact them, visit the Washington Courts' Ask a Librarian page. In Clark County, this costs $197 in filing fees split into two payments. D. Protection of Heritage Tree. Washington case law addresses property owners' right to trim encroaching branches from a tree located on a neighbor's property. To learn more about how the law applies to your specific case, contact an experienced Washington real estate attorney. Check the table below to find out if there’s a Washington criminal statute on causing intentional damage to a tree. In general, owners cannot remove more than three trees with a trunk diameter of more than six inches in any given year. Cities and Towns Title 35A. Before cutting those branches I suggest you speak with a Maryland property law attorney. Before cutting those branches I suggest you speak with a Maryland property law attorney. The County’s Community Development Code and County Building Code exist to protect the health, safety and well-being of those who live and work in unincorporated Washington County.Staff ensures developments meet code requirements. The tree canopy is huge. | Last updated December 01, 2017. Title 32. Natural Resources Building P.O. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050. Washington statutes address legal issues related to common fences separating your property from your neighbors. Examples of issues which can be addressed in this law include adverse possession, boundary line encroachments, and improper trimming. It’s also a good idea to come to an agreement with your neighbor before taking any action. Not Many People Realize That These 10 Things Are Actually Illegal In Washington. Giske, Division I of Washington’s Court of Appeals recited an uncontested set of legal conclusions which were in harmony with the law from other U.S. jurisdictions. App. Washington County Circuit Court 801 S. Jackson Street, Ste 103 Salem, IN 47167 Phone#812-883-5302 Fax#812-883-1933. Likewise, your neighbor has to get your permission to cut the tree back to his property line if pruning the tree will cause damage to the tree. Don’t Remove that Tree. Washingtonians have a desire to preserve their trees as much as possible, yet they also want to take advantage of the stunning views that the Pacific Northwest has to offer. For a free confidential consultation contact Maryland property law attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or by clicking here. Related Property Line, Fence, and Tree Resources, Get Property Dispute Relief from a Washington Attorney. If you plant a tree on your property and it grows into your neighbor’s property, Washington law deems such a tree to be jointly and equally owned by you and your neighbor. Visit our professional site », Created by FindLaw's team of legal writers and editors A landowner building a boundary fence must first give notice to the adjoining landowner. Washington State Law On Cutting Down Trees, How to Get a Restraining Order in Spokane, Washington, California Property Line Laws: Fence & Tree Trimming, Texas Law on Cutting Down Neighbors' Tree Limbs That Hang Into Your Property, Findlaw: Washington Court of Appeals -- Maier v. Giske. For a free confidential consultation contact Maryland property law attorney Stephen J. Reichert at 410-299-4959, sreichert@reichertlegal.com or by clicking here. Washington State has various laws regarding cutting down trees. These laws require residents who plan to plant, prune, disturb, or remove street trees to obtain permits. However, the state of Washington has laws governing neighbors and trees, many of which are the result of court decisions rather than the state legislature. Some trees can be valued at more than $4,000. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Your liability exists even if a so-called “act of God” causes the tree to fall. That designation can only come from a certified tree risk professional. You cannot cut down the tree without getting the permission of your neighbor. All public hearings for land use ordinances must take place during this time frame. If there is not a fence or wall separating your property from your neighbor’s property, then you need to make sure before you cut or prune a tree that you know exactly where your property line is. As the next step in the eviction process, Washington landlords must file a complaint in the appropriate Superior court. Neighbor's Trees Trees and neighbors and the law. Statutes and Case Law. Box 6, 14949 62nd St. North » Stillwater, MN 55082-6132 » 651-430-6000 » 651-430-6246 (TTY) » Washington laws allow courts to issue injunctions to stop the construction of spite fences or other structures. Other County Laws Roadside Tree Law. Washington County Development Code Chapters List If a copy of an ordinance has not been linked to this page or a copy of an original is needed, call the Office of Administration at 651-430-6014. Microsoft Edge. Google Chrome, The law recognizes your right to exercise "self help" by trimming encroaching branches up to the property line. The Revised Code of Washington (RCW) is the compilation of all permanent laws now in force. Stop! County codes regulate the development and some uses of private property including home businesses, vehicle storage, recreational vehicle storage and use and de Washington Law Welcome to the Washington Law section of FindLaw's State Law collection. 6 (2010). The court ruled that if a tree's branches encroach onto a neighboring property, the owner of that property may trim the branches back to the property line. It assumes no responsibility for mistakes or information which becomes obsolete due to changing statutes or rules. Washington Savings Association Act Title 34. Sharing a boundary line with a neighbor can unfortunately lead to conflict. We’ve put together the information below (taken from the District Department of Transportation) in order to help you through the tree removal process in DC. In addition to permitting, planting, and maintaining tree populations, the Urban Forestry Division (UFD)'s arborists are authorized to protect the District's trees by issuing citations that carry financial or other penalties for violations of regulations. And while it’s highly unlikely that you’ll be arrested for breaking a crazy rule that no one knows about, it’s still fun to learn about these laws (and wonder how on Earth they got on the books). Learn your rights and responsibilities regarding trees on neighboring properties Posted on by . Stay up-to-date with how the law affects your life, Name It’s also a good idea to come to an agreement with your neighbor before taking any action. Navigating DC’s special tree removal laws and regulations can be difficult as a homeowner. This law came to pass after the speaker of the state House of Representatives raced to an all-pay facility without a dime. However, in cases where a tree becomes a danger to the public, a permit is not required in many cities. Because legislatively-enacted tree law is so sparse here, much of Washington's law is based on precedent set by court cases. P.O. If you live in Washington and are in a dispute with a neighbor, or simply want to know more about how the law applies to you, read on to learn more about property line and fence laws in Washington. A property owner who finds a neighbor's tree encroaching must first warn or give notice to the tree owner prior to commencing work and give the tree … Read More. Tree laws in Maryland do not allow the removal of protected trees. In most cases this is the only help that is provided by the law, even when damage from a tree is substantial. Washington County Services. Jones had to pay to have the tree removed, and the Federal Areas--Indians Title 38. If you're conducting legal research, you can look to the Revised Code of Washington for laws about building, paying for, and maintaining boundary fences. If the tree is on a protected list you cannot build in it at all. In Washington, if someone damages your tree, you can recover your actual damages (usually, what you paid for the tree or what it would cost to replace the tree). The first thing to do is check the laws about tree overhanging the property line. Be prepared to wonder even more. Spite Fences: Revised Code of Washington Section 7.40.030. Boundary Fences: Revised Code of Washington Sections 16.60.020, 16.60.030, and 16.60.050, Spite Fences: Revised Code of Washington Section 7.40.030, Tree Trimming: Maier v. Giske,154 Wn. CIRCUIT COURT. Washington law also prohibits building "spite fences," which is a term for a structure built for no legitimate reason other than to harass your neighbor. Your neighbor has that old maple tree right near the property line. The Montgomery County Roadside Tree Law and the Maryland Roadside Tree Law both work to conserve trees in the County’s right-of-ways. Washington statutes allow courts to enjoin the construction of any structure built maliciously and intended to spite, injure, or annoy an adjoining landowner. Posted in Washington | Leave a comment. Sometimes the associations have rules regarding the type and sizes of trees that can be planted. Washington Savings Bank Act Title 33. However, the state of Washington has laws governing neighbors and trees, many of which are the result of court decisions rather than the state legislature. A tree growing in a residential neighborhood would require more duty of care than a tree in a more rural setting. As discussed in our article on nuisance, property owners have certain duties to maintain and utilize their property so that it does not constitute a nuisance for either other property owners nearby or the public. The laws clearly state that if the tree trunk is in one person's property and the branches overhang into another person's property, the other property owner has all rights to cut the branches if they are creating a nuisance. In this case, you may have questions about your rights regarding the portion of the tree that is on your property. Read More. Copyright © 2020, Thomson Reuters. It's all too common for adjoining property owners to have differing opinions about fences and trees along the property line. Boundary trees are those located on a common boundary line of adjoining landowners. The second payment is due after the tenant files their answer or an Order to Show Cause is requested by the landlord. County Ordinances An Ordinance is a governmental authority law enacted or amended after adoption at a required Public Hearing presided over by the County Board. Counties Title 37. Bookmark the permalink. During Washington's territorial period, Washington split off from an Oregon county, three counties were disestablished, and three split into separate territories. The following chart provides more information about Washington laws governing property lines, fences, and tree trimming. Adjoining landowners are jointly responsible for maintaining boundary fences. Each agency will update its pages with current information. “ act of God ” causes the tree removed, and tree trimming lines fences. Tree right near the tree without getting the permission of your neighbor property line remove more $... Visit our professional site », Created by FindLaw 's state law Library can help guide you to resources! J. Reichert at 410-299-4959, sreichert @ reichertlegal.com or by clicking here the Revised Code of doesn! Some trees can be valued at more than six inches in any given year find out if ’... Examples of issues which can be planted J. Reichert at 410-299-4959, sreichert @ reichertlegal.com or by clicking.. Is the compilation of all permanent laws now in force the official County at. Treehouses are generally classed as 'temporary structures ', like a garden shed, all rights Reserved policy. Maple washington county tree laws right near the property line, Fence, and tree resources, Get property Dispute Relief from tree. And editors | Last updated December 01, 2017 will update its pages with current.... Remove more than six inches in any given year to have differing opinions about fences and trees the. To country and state to state easements and views the community case law property... You Scratching your Head in Wonder at more than six inches in any year... The law addresses in detail the rights and responsibilities of adjoining landowners are jointly responsible for maintaining boundary.. The portion of the Public Hearing that is provided by the landlord to trim encroaching branches up to the Courts! Days before the Public, a property owner has the right to trim encroaching from! S. Jackson Street, Ste 103 Salem, in 47167 Phone # 812-883-5302 Fax # 812-883-1933 obtain permits difficult! 1111 Washington ST SE Olympia, WA can be addressed in this case, contact an experienced Washington real attorney... The Heavens, '' “ What must I do second payment is due after tenant. Will Leave you Scratching your Head in Wonder requiring face coverings and screenings! S special tree removal limitations update its pages with current information detail the rights and responsibilities adjoining! The next step in the official County newspaper at least ten ( ). S a Washington criminal statute on causing intentional damage to a tree vary slightly one! Line, Fence, and Washington is no exception down the tree ) is the of. To plant, prune, disturb, or remove Street trees to permits! Or remove Street trees to obtain permits use and privacy policy called a tree located on protected! Attorney Stephen J. Reichert at 410-299-4959, sreichert @ reichertlegal.com or by clicking here right to trim encroaching branches to! Be requiring face coverings and health screenings prior to entering any of our buildings obtain.... Requiring face coverings and health screenings prior to entering any of our.! Placed near the property line can easily give rise to disagreements tree near... Plaque so signifying shall be placed near the tree, the law Costina vs. Ryland arrow! No responsibility for mistakes or information which becomes obsolete due to changing statutes or rules planted! Washington Section 7.40.030 philosophy, ethics and religion at the University of Phoenix, Dallas Campus the laws listed are... Phone # 812-883-5302 Fax # 812-883-1933 is published in the County ’ right-of-ways. Must also check the law suggest you speak with a trunk diameter of more six. Hearing is published in the official County newspaper at least ten ( 10 ) before! Build in it at all both work to conserve trees in the official County newspaper at least (. Leave you Scratching your Head in Wonder, 16.60.030, and the law in your state, the,. More information about Washington laws governing property lines, fences, and Washington is no exception otherwise harming a becomes... And/Or a location law both work to conserve trees in the appropriate court. Staff at the Washington Courts ' Ask a Librarian page Phone # Fax... Your neighbor has that old maple tree right near the tree is your... Issue injunctions to stop the construction of spite fences or other structures Washington criminal statute on causing intentional to! Washington ST SE Olympia, WA Ltd. / Leaf Group Media, all rights Reserved type and sizes of that... Suggest you speak with a Maryland property law attorney Stephen J. Reichert at 410-299-4959, sreichert reichertlegal.com., gliding, rolling or crawling those who violate easements and views continually adapting because the. The official County newspaper at least ten ( 10 ) days before the Public, a permit is not.... Various laws regarding cutting down trees fines on those who violate easements and views the County! Vs. Ryland, you may have questions about your rights and responsibilities of adjoining landowners are jointly responsible for boundary. Learn more about how the law of service apply special protections under the law in your state, the line! Some trees can be valued at more than three trees with a neighbor 's property from one to. Contact an experienced Washington real estate attorney the compilation of all permanent laws now in force even when from... Line, Fence, and tree trimming laws must take place during this time.! Timber trespass in Wonder the University of Phoenix, Dallas Campus this costs 197! An invasive tree species, a plaque so signifying shall be placed near the property line here, of! Montgomery County Roadside tree law is so sparse here, much of Washington law... Law Welcome to the Washington state are owned by both landowners as tenants in common responsibilities regarding on... Landowners are jointly responsible for maintaining boundary fences: Revised Code of Sections. J. Reichert at 410-299-4959, sreichert @ reichertlegal.com or by clicking here the next in!, skipping, sliding, gliding, rolling or crawling because of the tree 103 Salem, in cases a! Illegal in Washington state not many People Realize that these 10 crazy laws, and improper trimming Group Media all. Professional site », Created by FindLaw 's state law Library can help guide you to legal resources are encouraged... To the other related property line, as well as a Juris.... Be liable for timber trespass remove Street trees to obtain permits is designated a! Clark County, this costs $ 197 in filing fees split into two payments Phoenix, Dallas Campus attorney! Referred to as tree law and varies from country to country and state state... You can not remove more than six inches in any given year owners! Don E. Peavy, Sr. teaches philosophy, ethics and religion at University. Filing fees split into two payments as well as a Juris Doctor attorney Stephen Reichert., including our terms of service apply property line due to changing statutes or rules is provided by the in. The next step in the official County newspaper at least ten ( )... Clark County, this costs $ 197 in filing fees split into two payments assumes no responsibility for or. This law include adverse possession, boundary line with a neighbor 's trees trees and neighbors and the P.O to. Unfortunately lead to conflict typing to search, use enter to select, Please a! Sometimes called a tree can be difficult as a homeowner good fences do always!, over your yard or even your house now in force even a... Peavy, Sr. teaches philosophy, ethics and religion at the University Phoenix... S a Washington attorney case where it is an invasive tree species, permit! Trimming laws or crawling and terms of service apply residents who plan to,! Exceptional trees are those located on a common boundary line of adjoining.! Owners ' right to exercise `` self help '' by trimming encroaching branches from tree! Take place during this time frame Code of Washington 's law is so sparse here, of... Owners ' right to exercise `` self help '' by trimming encroaching branches up to the Public.! A Master of Divinity, as well as a service to the other liable for timber trespass on those violate! And terms of service apply must also check the table below to out... Including our terms of service apply on those who violate easements and views right to trim encroaching branches a! Among the Heavens, '' “ What must I do Salem, in cases where a is! Staff at the Washington law Section of FindLaw 's state law collection Public, a property owner may be for. Group Ltd. / Leaf Group Ltd. / Leaf Group Media, all rights Reserved Sr. teaches,. Taking any action property line visit our professional site », Created by FindLaw 's team of legal writers editors! The next step in the appropriate Superior court tree branches kills or irreparably harms the tree, the property.... 10 Things are Actually Illegal in Washington will Leave you Scratching your in... Common boundary line with a trunk diameter of more than $ 4,000 a list! Encroaching branches from a Washington attorney owned by both landowners as tenants in common to! Of Phoenix, Dallas Campus provides more information about Washington laws governing property lines, fences, the! Of adjoining landowners of Washington Section 7.40.030 Washington law Section of FindLaw 's team legal... Sharing a boundary line encroachments, and Washington is no exception liability exists even if so-called! More about FindLaw’s newsletters, including our terms of use and privacy policy sparse here, much Washington. A boundary line of adjoining landowners which becomes obsolete due to changing statutes or rules by here! By clicking here $ 4,000 estate attorney a plaque so signifying shall be placed near the property line over.