Landscape issue created from prior owner

Here is our real estate issue:

We purchased our home Aug. 2003 in (Seattle area) WA. The back yard was fully landscaped from end to end. Our back yard is completely fenced and has 150' tall trees just behind it. Apparently the prior owner decided to go ahead and landscape the entire yard knowing that the City had a regulation that states "Tree Retention Area: In general the vegetation in it cannot be cut, pruned, damaged or removed, without permission from the City." This restriction is 20' from the tall trees.

We were completely unaware of this "Tree Retention Area" and completely unaware that she did this without city approval. It was not stated on any document that this was an issue and that it was 20' from the trees. Our yard is only about 40' so that would mean that half of our yard is now out of regulations. The "Tree Retention Area" affects 23 lots. From what I can see only a very small few have completely landscaped.

My concern is that we will somehow be responsible for this problem and have to pay to get everything put back to it's original state. My other concern is that now our yard is 50% smaller in function that we were led to believe. This is upsetting because we may to remove half of the grass and landscaping. We have two young kids and this would not be fair to us as a family. We are upset that they have knowingly misrepresented the yard.

In addition our HOA (Home Owners Assoc) is bringing this issue up to the City and trying to get this restriction removed from the 23 lots, but this could be many years out and still might not be approved. So until this restriction is removed we will have to keep stressing about the back yard. And if we sell now we have will be obligated to tell buyers about this issue.

Can anyone help?

Thanks,

[HomeGuru]

Originally Posted by k_o_b_e

Here is our real estate issue:

We purchased our home Aug. 2003 in (Seattle area) WA. The back yard was fully landscaped from end to end. Our back yard is completely fenced and has 150' tall trees just behind it. Apparently the prior owner decided to go ahead and landscape the entire yard knowing that the City had a regulation that states "Tree Retention Area: In general the vegetation in it cannot be cut, pruned, damaged or removed, without permission from the City." This restriction is 20' from the tall trees.

We were completely unaware of this "Tree Retention Area" and completely unaware that she did this without city approval. It was not stated on any document that this was an issue and that it was 20' from the trees. Our yard is only about 40' so that would mean that half of our yard is now out of regulations. The "Tree Retention Area" affects 23 lots. From what I can see only a very small few have completely landscaped.

My concern is that we will somehow be responsible for this problem and have to pay to get everything put back to it's original state. My other concern is that now our yard is 50% smaller in function that we were led to believe. This is upsetting because we may to remove half of the grass and landscaping. We have two young kids and this would not be fair to us as a family. We are upset that they have knowingly misrepresented the yard.

In addition our HOA (Home Owners Assoc) is bringing this issue up to the City and trying to get this restriction removed from the 23 lots, but this could be many years out and still might not be approved. So until this restriction is removed we will have to keep stressing about the back yard. And if we sell now we have will be obligated to tell buyers about this issue.

Can anyone help?

Thanks,

**A: you need to hire an attorney to review the City regulations, HOA CC&R's, seller disclosure statement etc.