Need advice - Neighbors trees about to fall on my shed (Seattle: insurance, lawyer)

[BaconBurgerTaco10]

LONG story short -

A group of four trees stood 35 yards tall behind my backyard on my neighbors property.

One fell and broke my chain link fence.

All four are rotten and the remaining three are leaning towards my shed and could fall in the windy storm this Thursday.

I went over to his house today and his response was basically "Act of God, what are you going to do?" He sold the 3.5 acre lot to a developer and that transaction is pending and closes in December if all goes well with the city regulations/zoning etc. So I think his attitude comes from that deal since he won't be around anymore.

I've done quite a bit of research on this but I would love to get some advice from others who have maybe been through this.

Is the liability on his part if he doesn't bother to maintain his rotten trees and one has already fallen and damaged my property? Or am I completely liable no matter what the condition of the tree is?

I brought up that I may send him a certified letter voicing my concern for the trees and he said we may end up court if something happens.

But, if the trees are rotten, old, damaged etc, and one has already damaged my property, and he refuses to take care of it thus leading to more damage to my property, wouldn't I be in a good situation to win the case?

Obviously I don't want to deal with any court/attorney costs but this guy may take it down that road.

I'm curious what you guys have all done to resolve these issues.

I TOTALLY understand if the tree is healthy and falls in a storm and I end up liable. But, if trees are falling apart and he doesn't maintain his trees on his property or bother to listen to my concern and THEN something happens, I don't see how I would be liable given I have all the documentation etc.

Thanks for your help

[Hemlock140]

We had a similar situation in the neighborhood a few years ago. Document your conversation, and get good photos of the trees. Normally, when a tree falls the insurance company of the home damaged (yours) would pay the deductible and your policy would cover the rest of the damage. If, however, you have evidence that the owner of the tree knew of the hazardous condition, and ignored it, then it was due to his negligence and your insurance company would normally sue his for the damage. For damage to a shed, however, the claim might not be a sufficient amount to warrant their legal efforts, but you could still have a good chance in small claims court.

[BaconBurgerTaco10]

Thanks.

[Annie53]

I had the same problem once.

Three dead trees on a vacant lot next door were fixing to fall on my fence.

I took pictures of them to document that they were dead.....and then I paid someone $400 to cut them down and haul them off, left the stumps there. In one hour the problem was solved.

Saved myself a lot of problems and grief, worth the money as far as I was concerned.

[Seattle Melonfarmer]

I have a similar issue with my neighbor who lives across the dirt alley. He has a large pine tree that's leaning over my studio (an outbuilding). I foster animals in this building and am worried with all the rain and wind we've been getting, that this tree could come down and kill these animals. Last week I just went to a funeral for a friend and her son who were killed instantly when a large tree crashed down on their car in Fall City. Should I try to contact the neighbor? Is there a Seattle city service or arborist I can call to assess the tree?

[MechAndy]

I don’t know the WA law on this but I do know the CA law on it and it might be similar.
A tree that falls is an act of God or something like that and you can’t sue the owner…
unless the tree had been documented as a hazard.

You can document the tree as a hazard several different ways.
I think the City Building Department might be the cheapest.

[Strannik33]

If the lot is sold to a developer, the developer would probably have the unsightly/dead trees cut down. So the problem might go away. Would still like to hear a lawyer's opinion on this, though.

[jabogitlu]

I agree that a call to the City or County public works or zoning department will be a good first step. Those folks will likely know your local regs and may have some helpful advice.

Sounds like the owner has checked out since it's a pending sale. If you really want to save yourself the headache, call him and offer to cut the trees yourself. If he says alright, then just pay someone to cut them. Done.

[oregonwoodsmoke]

What you can do is to make sure that your shed is fully insured for the building and the contents. Then if a tree falls on the shed, your insurance will fix the problem for you.


You are not allowed to control what goes on with your neighbor's property and I doubt that you are a full qualified Arborist that your judgement about the health of the trees is worth anything at all.


You can pay a few hundred dollars to a lawyer and have him send the neighbor a "back off bozo" letter, which might not have any result at all.


Check with your insurance agent to make sure your insurance coverage is adequate.


You could always go over to the neighbor and offer to have the trees removed by a professional at your own expense, but I've got to tell you, if a neighbor of mine wanted me to remove three of my trees because they might fall on his shed, I'd tell him to pound sound. However, it is worth a try because maybe the only reason he doesn't remove the trees is because he doesn't have the money to pay for it

[oregonwoodsmoke]

I just thought of another solution. Most of those garden sheds are portable so you could have someone come in and move your shed to a safer location.


Those must be big trees for you to be worried about them so they must have already been there before you built your shed underneath them.