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The Herrings and Pelayos are neighbors.
Sep 08, RCW provides that “whenever any person shall cut down, girdle, or otherwise injure, or carry off any tree on the land of another person without lawful authority, in an action by the person against the person committing the trespasses any judgment for the plaintiff shall be for treble the amount of damages claimed or assessed.” Washington law is clear that there must be an element of willfulness on the part of the trespasser to support treble damages.
Jul 20, 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. You cannot cut down the tree without getting the permission of your neighbor. 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.
However, that owner may not go onto his neighbor's land to do so, nor may he do such aggressive trimming that the tree is damaged. Ever since this case was settled inthat's been the rule of. Injury to or removing trees, etc. - Damages. Whenever any person shall cut down, girdle, or otherwise injure, or carry off any tree, including a Christmas tree as defined in RCWtimber, or shrub on the land of another person, or on the street or highway in front of any person's house, city or town lot, or cultivated grounds, or on the commons or public grounds of any city or town, or on the street or Missing: tree cutting neighbor.
Washington Tree Damage Laws. 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). (To learn what you must prove in order to get actual damages, see Nolo's article When a Neighbor Damages or Destroys Your Tree.) In some states, specific laws allow you to recover additional damages if someone deliberately damages your treeclear.bar: Emily Doskow, Attorney.
The trial court held that the Pelayos committed timber trespass under RCW
Aug 02, Neighbor Trespasses and Cuts Trees, Leads to Verdict of Treble and Punitive Damages. ATC lawyer Tyler Dillard recently represented a Gwinnett County property owner in a case involving claims for trespass and cutting timber.
The client’s neighbor cut down two large trees near the property line without the permission of the treeclear.barted Reading Time: 2 mins.