TIMBER! Division II of the Court of Appeals for the State of Washington Clarifies Washington’s Timber Trespass Statute

TIMBER! Division II of the Court of Appeals for the State of Washington Clarifies Washington’s Timber Trespass Statute

May 16, 2017

Held…”in recognition of the long recognized lawful authority to trim overhanging vegetation, the lawful authority to use and maintain property held in common with a cotenant, and the plain language of the timber trespass statute, we hold that where a tree stands on a common property line, the common owners of the tree may lawfully trim vegetation overhanging their property but not in a manner that  the  common owner knows will kill the tree.” To read the complete opinion go to: http://www.courts.wa.gov/opinions/pdf/D2%2048786-1-II%20Published%20Opinion.pdf.