My Neighbor Has A Dangerous Tree

In Washington, "one whose land is located in or adjacent to an urban or residential area and who has actual or constructive knowledge of defects affecting his trees has a duty to take corrective action." Lewis v. Krussell, 101 Wn.App. 178 (2000). This means that if your neighbor has a dangerous tree, such as a dead tree or a tree exhibiting rot or decay, you should put your neighbor on notice of the dangerous tree, so they take action before the tree causes damage. If the neighbor chooses not to remove the tree, they may be held to a higher standard in a case against them for negligence or nuisance if it causes damage to your property.

The notice must be specific enough to identify the defective condition with the tree. In Chaudhry v. Day, 31 Wn.App. 2d 225 (2024) the neighbor generally complained about the fact that the tree swayed in the wind and that the branches growing over the property line could cause damage, and in fact, in one case a branch did fall and