Trees and the Law

Five Things Every Property Owner Should Know

By Mark C. McPherson

Trees Have a Dollar Value That Can Be Appraised

We all know that trees are pleasant to have around, and that they reduce pollution, add oxygen to the atmosphere, buffer light and noise, and provide welcome shade in hot weather. You may not be aware that there is a detailed appraisal formula that yields dollar figures for trees. The International Society of Arborculture has developed an appraisal method that takes into account a tree’s condition, location, species and other factors to produce a dollar value.

The value may surprise you. In a recent case handled by our law firm in Island County, nine medium-sized alder trees were appraised at almost $4000. Mature hardwoods such as oak and maple can be worth in excess of $5000 each.

Washington Law Allows Treble Damages for Willful Tree Cutting

In general, Washington State does not allow punitive damages, but there is an exception for willful tree cutting on someone else's property. The courts have awarded treble damages in cases where tree cutters have failed to make a diligent effort to ascertain the property line. Anyone contemplating tree cutting should be sure to determine the property line before taking down any trees. Anyone whose trees are cut should be aware that the damages may be far more than he or she imagined.

Trees on Boundaries Are Jointly Owned

Suppose you plant a tree on your property, and over time the tree grows into the property line between you and your neighbor. Washington law deems that tree to be jointly owned by you and your neighbor. You cannot cut that tree down without getting permission from your neighbor. Conversely, your neighbor cannot cut down trees on the property line without your permission.

An increasingly common situation involves branches or roots that extend from one property onto another. Washington law provides that these can be trimmed back to the property line. However, recent legal decisions in California and British Columbia have held that a property owner cannot unreasonably damage the health of a tree by pruning it back to the property line. The law is becoming increasingly protective of trees, particularly in urban areas. Property owners who damage a tree that appears not to be causing them any harm may have to pay for the damage.

Subdivision Covenants Often Pit Tree Owners Against Those Who Want to Preserve Views

As property values go up, the value of views increases. This has caused some property owners in certain subdivisions to sue to remove trees under restrictive covenants. Covenants often contain provisions that are protective of views. Even if covenants do not contain a specific view covenant, they may prohibit "noxious" or "undesirable" uses, and some subdivision covenants have been interpreted to include view-blocking trees. These disputes usually depend on the unique facts in each situation, but property owners who are protecting their views have turned to covenants to force neighbors to prune or remove trees.

The increasing value of views has also led some subdivision residents to undertake "view zoning." View zoning attempts to plan for specific vegetation in specific areas. Large trees may be allowed in certain areas but prohibited in designated view corridors. This preserves the visual and ecological appeal of graceful mature trees while limiting the haphazard impact on views.

You May Be Responsible for Hazardous Trees on Your Property

Are you liable if a tree on your property falls and injures someone? This depends on whether you knew or should have known that the tree posed a hazard. If the injury was due only to an act of God, such as lightning, you would probably not be liable. But, if your tree was diseased or had dead branches, a court may find that you should have known that the tree was hazardous. This is particularly the case in urban areas where the risk of injury is greater than rural areas.

     First published in TreeLink, Spring/Summer 1997, a publication of the Washington State Department of Natural Resources Community Forestry Program.