Legal Question in Real Estate Law in Washington

My trees fell on the neighbors fence and didn't damage the fence. I cleaned the fence line and left the trees in a pile on his property . He thinks I should clean up the mess,cut the wood to lenght and burn the leaves and limbs. Who is responsible for the trees and cleanup. I didn't own the property when the trees blew down on the fence.


Asked on 12/06/09, 1:34 am

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

There are a couple of ways to go about this situation. First, even though you did not own the property when the trees fell on the neighbor's fence, theoretically, the liability for the damage can go to the property or the prior owner. If that plays itself out you can be in for a mess.

The second option or way to deal with this is to just do as he asks, and let him know (in a polite tone) that you do not think you are responsible for this mess since you did not own the property when the trees fell and that this is between he and the prior owner. With that being said, in an effort to reach out and be a good neighbor, you want to do this for him as a gesture of good will.

If the neighbor behaves in a smug manner, you can always reverse yourself, but I suspect that if you explain in a calm polite manner that you do not believe any of this is your fault, that he will probably realize the error of his ways, thank you, and maybe the next time down the road when you need a hand or something happens that requires good will on his part, he will be there for you.

In other words you can assert your rights and wind up with a neighbor who hates you and will never lift a finger to help you, or worse, goes out of his way to make sure your life is not pleasant, or you can try the "honey is better than vinegar" approach and see what happens.

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Answered on 12/11/09, 12:40 am


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