It was brought to our attention that our neighbor to the west reads our blog when they submitted
photos to the judge in our case against them for damages to our fence. Here is the photo that they submitted. Great seeing the old photo but what does it have to do with the damage that their limbs did to our fence in Jan. 2017? Their reason to submit is, we should of known that their trees behind us were there! Excuse me here, look at the size of those trees in 1988. Now compare them to the second photo which was taken after court, have they not doubled in size and the care is questionable!
Last year two of the trees to the north were removed as we learned that the one was split and the damage from past storms were making the tree unstable. If you haven't read the back post on the damage to our fence it's in the blog so you can see it.
http://karmahappytoesgardens33.blogspot.com/2017/
Sorry your Honor whom heard our case, but it's time to speak out! We were floored when the neighbors played the we can't afford this card.....let's just say they drive newer vehicles than our and these trees have costed us dearly for years. You stated that there was no neglect on the care, come on, we have had three damages from falling limbs here and the issue is their shallow roots and the items that are parked up under these trees? How much care have these trees had? Let's just say no one was to touch them and we got heck if we trimmed anything that crossed the property line. How much watering do they do? I can tell you from the root system in our yard they are drinking when we water our yard. There has only been one trimming prior to the new owners and the tree company stated more should come down but they weren't allowed to do the proper trimming. Now we have new owners, the previous owner's son and they have only trimmed after we have had damage. NO
apology, matter of fact the second damage, they tried to cover up the damage. I have learned that when the wind blows to watch their trees! Matter of fact, the insurance adjuster made the statement, "I should grab the dog and leave the house!!" They are not safe and when we hired an arborist we found out just how safe they are, not!! These trees were not wind sailed and can topple over and will continue to cause damage. After the second damage they hired a company, that only trimmed up their side of the trees and left damaged limbs on our side, which was what came down in Jan 2017. The neighbor hired the same company to remove the two north trees, again hit the link above Why did they have them removed? We were told by several the tree services and the arborist that the the tree to the north was split. Plus the one tree service owner when to talk to them so they can't say they didn't know. Did they check out the job that their tree service did? Does their tree service have an arborist on staff? If so what did they say?
After the third damage we contacted our insurance company and went in to visit. If we filed a claim we could loose our insurance, so we opted to take them to small claims court to collect the damages.
We also tried to go to mediation and was told that they wouldn't agree to mediation unless we paid for their trees that were removed? Why?? These are their trees and they knew that they were damaged and not maintained. They were damaged by many storms and the neighbor to the north of them was allowed to cut the trees, so why were we going to pay for their neglect??
I won't bore you with all the details but it's time to educate folks on neighboring trees that as many of you have talked about your own horror stories! So this isn't new by far.
First, Clark County has no codes to protect adjacent properties! Yep, you are on your own with this!
Second, since we live in the urban growth boundaries one can't rely on the laws that the city has in place. Yep, they have some great laws but will do you no good and the County refused to take a look.
From permits to having a list of those they recommend one should do business with. You best know who you deal with and check out what the company has done before you hire them. Do they have an arborist on staff with their company? Just because they are cheap and have a license or are bonded, do you honestly think they know what they are doing? Better safe then sorry when it comes to hiring someone to do business . Educate yourself before you hire a company!
Third, know the laws that govern your area. Do you have the right to trim their tree? Or prune the said roots that have invaded your property in search for water? That should tell you that the owner isn't properly caring for the said tree! An arborist will tell you not to prune or cut the roots! Why, you can do damage and then the owner of said tree, can come back at you for damages! Besides, their trees.....their responsibility!!
Fourth, all leaf material that blows or falls onto your property doesn't allow you to sue for damages,
it is just what trees do. But as a property owner that has looked into this, you have a right to return the said material back to where it came from!! You just have to return what isn't yours, according to the local law enforcement. If it's not yours, return!! The county will also tell you that if you own a tree you are responsible to pick up after what drops but here I have watched folks allow it to blow where ever and refuse to pick it up. These are your trees, pick it up. Just like I have watch dog owners not pick up their animal waste and walk their animals into this area to do their jobs and not do it in their area. Your trees, your responsibility!
Fifth, the only reason to sue someone is if their limbs or roots damage your property! Yes, that is all one can do, due to the lack of codes. You can't go to the Board of Equalization and tell them ya can't use your property due to what your neighbor's trees do to your property. According to the accessor, this is a neighbor--neighbor issue.
So what do you do?? First send them a certified letter stating your issues. When you send them one also send them one just straight in the mail. Then you have the proof you have problems for them to address and you have a record to take to your insurance company and will need to file a copy for your records to start any court procedures. Keep records of said issues. Photos and record what happened on what date and time. Prepare yourself with facts and do research on the issues. A word to the wise obtain your own arborist, get a risk and assessment in writing.
Be prepared if your make a claim with your insurance company, know they can select to cancel your policy if you claim to much damage. So take some time and talk to your agent. Also why you are there check with your policy to make sure you are totally cover encase a tree does come down. Make sure you are totally protected. If you haven't notified your neighbor of the said problem when you should do so sooner than later! Don't pick up the tab either!! You pay for insurance use it and make sure you are covered. Don't allow them to say Acts of God!! Sorry but neglect is neglect and if the said trees have been left to just do their own thing without the proper care then they are a ticking time bomb. Fir trees have shallow roots and can topple over even with the slight wind. Do you honestly want to see your home on TV as we see many times?
From my research the county isn't doing anyone justice here!! They are not protecting property values when they allow smaller lots and someone is stupid enough to plant on the property line, put in a tree that should be planted in a forest or someone is stupid enough to plant many trees on their small lot.
Come on folks, don't ya think the tree is going to get big? Yes, you need to prune them on a yearly bases. Allowing them to get huge only states that you don't know how to care for them. An 80 foot tree is dangerous!!
Then you should also know your neighbor may not care for your choice of tree when they have to clean up the mess it does to their yard. Why should they have to pay for your stupidity? Do not plant trees close to each other and think this is good for the trees. Yes, that is so stupid, it's not fair to anyone, let alone the tree. Folks need to think about what they plant and if you don't understand, please contact someone that does. Educate yourself!! Planting on the property line is a habit some folks have due to not wanting to give up their space to enjoy their yard. But remember there is no enjoyment by one's neighbor if they have to deal with the mess. I have one neighbor that has scalloped their side of their trees and allow them to cross the property line on the other side, then they told a neighbor if you don't like it, you cut it. Now is that being a good neighbor? Same neighbor that we have watch several of their trees topple over and some are planted on their septic drain field. Just drive around and you will see what we are talking about. If you have a small lot you should plant only ornamental trees that will fit in the small space of your yard. Remember you must prune to keep them small, if you just plant and forget........ya should of just left the tree at the nursery!
Let me end here with the good Lord put us here to be the care takers to leave what we found for generations to come.
Again your Honor if you do stop and read, more could of been stated but ya know there was a reason for our claim and the next time it will be the insurance company suing, like you stated!! We have done their leg work just like we do the leg work for any attorney we hire!
WA State Supreme Court has addressed the neighbor's right's when it come to tree's branches and roots that cross the property lines in the case of Gostina V. Ryland;
"The over hanging branches of a tree, not poisonous or noxious in its nature , are not a nuisance per se, to sustain an action for damages. Some real, sensible damage must be shown to result therefrom...One adjoining owner can not maintain an action against another for the intrusion of roots or branches of a tree which is not poisonous or noxious in it's nature. His remedy in such case is to chip or lop off the branches or cut the roots at the line."
Damaged and Diseased Trees:
In WA State, you may have to pay damages to your neighbor if a tree on your property that is damaged and/or diseased falls across your neighbor's property and causes injury, death or damage. Your liability exists even if a so-called "act of God" causes the tree to fall.
You can also be guilty of trespassing if you cut down or trim trees belonging to your neighbor even if you do so by mistake.
Know what your rights are and educate yourself before you take that saw /clipper in hand.
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At this time we would like to thank these companies for there education information and their help in
getting this issue solved.
Cascade Tree Works, LLC
Greg Richardson , ISA Certified Arborist
Licensed, bonded and insured
cascadetreeworkswa.com
He went beyond the call of duty!!
Noting that the trees in question has not had proper care, needed wind sailing and also
suggested that the tops appeared to be topped and the north tree was split. He wrote a letter
of concern that we did send to our neighbor.
**********
SLR Enterprised, LLC
Jonathan Rhodes
What a beautiful man, he went beyond the call of duty and went to talk to our neighbor.
From what I was informed he offered them a deal and was willing to clean up our yard
when it dried out as he was very respectful of our gardens. Sad to say the neighbors went
with another cheap company and he had his crew come back a few weeks later to remove
the limbs. They were so great and only left min damage, which was repaired the same day.
It was Mr. Rhodes that recommended Cascade Tree Works due to he was studying for his
arborist license, one stipulation we requested.
***********
A to Z Tree Care and Service
Kelly Wayne
Whom also educated us on what he saw as in the split in the north tree, no proper care and the fact that these limbs were to close to our home.
************
We had three other companies come out from Home Advisors but sadly to say none of them felt
that they wanted to do the job nor did they pass what we requested.
We also checked each company out with BBB and the State. If you are looking for tree service I can and will recommend the above companies.
A big thank you to the City of Vancouver's Urban Forestry staff for their taking time and education us on what we should be asking and looking for. The City of Vancouver has a great process when it comes to trees and their website is educational.
www.cityofvancouver.us/urbanforestry
Lots of great information and they also have a list of endorsed firms that one can check out and contact. For those of us in the urban growth boundaries of the City of Vancouver, one really needs
to check out what will be required of us when annexed. With that stated, annex to the City is starting to look like a great deal when it comes to the County's lack of code. All they offer is their
Neighborhood Guide for working together for community livability in the code enforcement area. Many folks have expressed their troubles with neighboring trees, so you know isn't not just a few of us. I thank those of you that ask how the problem is here.
Sorry but I don't find it being a livability with I have to deal with the mess of these trees and the lack of care. Over the years I have become highly allergic to these! They harbor pests and insects that eat our plant material and the constant clean up to keep our property at it's best, takes time and effort that costs me close to 3 hours daily plus the cost of keeping the soil acid free. NO grass will grow up under them and we constantly have to put out grass seed. Let alone we can't allow our dog in the yard due to the sap and mess. Where are my property values?? Yes I have real estate folks tell us that they would be a hard sell to sell our property due to neighboring issues. Beside where in clark county can they find us what we currently have?
Let us know, 4 bedroom house on a large lot and landscaped to the hilt? If you haven't made a visit, please make an appointment. Our gardens are open after the 15th of April and by appointment only these days so that we can spend time with each visitor. Five years ago we opened the gardens when we had our annual g and p sale and I stopped counting when I hit 450+ folks that weekend. It depend what is in bloom when you want to visit. We are not a typical PNW garden and love the tropical plants we grow.
Thank you for reading all this and going back over past posts. It is great to see that my neighbors read this but sad to say their yards are let go. One beautiful person at one of our sales stated to us,
"How can you live by such trashy folks?" One only smiles and state back to them, "Fences make for great neighborhoods! Oh yes, that toilet next door is allow, Clark County Code states 1.5 cubic yards of trash is allowed. Oh my gosh, the toilet finally got flowers planted in it!! LOL They too must of read our blog? The toilet has been without flowers for over 2 years. To us it shows the caliber of what lives there. Come on out mid afternoon and you will hear the sound of their motorcycle engine to let us know they are home. Code enforcement knows about this as I was on the phone one day with them. Life isn't quite at the end of the deadend lane as they say it is.
The judgement letter is out and it's time to seek an attorney! The judge states that the fence is fixed and doesn't cite any cases like she stated she would after we cited cases as to why this should be paid for. If she would of looked at the photos it clearly shows the fence is pushed in and damaged. Yes, this is the third time we have had damage! Time for our request and more letters to write. Our neighbors have been received now two letters after each of the past two damages, they can't say they didn't know.
Life is so much fun!!
S. Hawkings
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