Tree Problem

[Thomas Stamey]

What is the name of your state? Washington

My neighbor is selling their house and one of their trees has grown into our yard and damaged our fence. They don't want to deal with it so i would like to place a lein on their property to force them to take down the tree before it sells

 

[Nippy]

Thomas,

I understand your frustration, but once a tree (or any part thereof) falls onto your property, it becomes your responsibility (unless you've given prior notice of it's being a potential hazard). The fence is another matter, however, as it is considered property, and should be covered by your/their homeowner's policy. You might check with your insurance, and send a registered letter informing the owner of the damage to your fence and their need to address it by a certain deadline. You might also send a copy to the realtor, as in many states it is illegal to show/represent property for sale with known problems.

Also, you cannot place a lein without first getting a judgement in court against someone.