Legal Question in Real Estate Law in Washington

Encroachment

I recently purchased some vacant land, and after having it surveyed, discovered that a number of trees had been removed from within our property lines. This was done by the property owner adjacent to us one year ago. I bought the land with a 3 year owner contract, secured by a deed of trust,just a week ago. The trees removed were large old growth cedar. My question is do I have any legal rights to go after the party that removed those trees that is now my property, or does the owner that I purchased the land from, who owned it during the time the trees were removed, have the legal right to seek damages?


Asked on 1/11/04, 7:18 pm

1 Answer from Attorneys
Matthew King Wershow & Ritter, Inc. P.S.

Re: Encroachment

Your legal rights are defined from when you purchased the property. If, however, you intended to purchase the property with the trees (i.e. you knew about the trees and they became a basis of the bargain), you could pursue the seller, who then could sue the neighbor.

However, you might be able to purchase the seller's right to sue the neighber. The timber trespass law provides a substantial remedy for the taking of timber on another perons's property. For a good discussion on this topic see http://www.wsba.org/media/publications/barnews/archives/2002/april-02-tree.htm

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Answered on 1/12/04, 10:19 am


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