Neighbor wants to inspect my trees

Seattle, Washington
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Neighbor wants to inspect my trees

Suja N.
Investor · Bellevue, WA · Member since 2019 · 8 posts · 6 votes

Hello BP,

I was wondering if the community could help me with a neighbor's request.  I have some tall trees in my rental property in the city of Seattle.  I have a neighbor who has repeatedly expressed concern that the trees could come down on his house in a windstorm. He wants to come on to my property and inspect the trees with his expert and do a soil analysis.  The trees do sway during heavy winds but they are also holding up the hillside and there is no way the City of Seattle would let me cut them down anyway.   I asked an arborist to look at them once and he said they look healthy but any tree, even a healthy one, could come down in a heavy storm.  Am I opening myself up to liabilities if I let him inspect?  I have owned the property for 13+ years and no neighbor has ever asked me for anything like this. I also intend to sell the property in the next year and I'm wondering if he could get mad and upset the sale process.  

Any thoughts or ideas on what to do?

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Lynn McGeein
Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
6y

If an arborist told me they were healthy, I'd pass that information on to the neighbor.  Our city arborist will come inspect if there is a neighbor complaint of a dangerous tree to determine if homeowner must remove or not, and I'd understand his concern if they were clearly diseased or damaged. I would understand if he insisted on that type of city inspection, but I wouldn't allow his "expert." 

I do know people who think any tall tree is a huge risk, want them removed anywhere near a home they're considering. My opinion is if the trees have been there much longer than your neighbor has and are healthy, then he should be the one to go, not the trees. 

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  • Lynn McGeein
    Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
    6y

    If an arborist told me they were healthy, I'd pass that information on to the neighbor.  Our city arborist will come inspect if there is a neighbor complaint of a dangerous tree to determine if homeowner must remove or not, and I'd understand his concern if they were clearly diseased or damaged. I would understand if he insisted on that type of city inspection, but I wouldn't allow his "expert." 

    I do know people who think any tall tree is a huge risk, want them removed anywhere near a home they're considering. My opinion is if the trees have been there much longer than your neighbor has and are healthy, then he should be the one to go, not the trees. 

    6Reply
  • Suja N.
    OP
    Investor · Bellevue, WA · Member since 2019 · 8 posts · 6 votes
    6y

    @Lynn McGeein. Thank you! I like the idea to get someone from the city to do the inspection instead of his expert.

    I love BiggerPockets! So many people that know so much more than I do.

    2Reply
  • Michael HaasBusiness Member
    Real Estate Agent · Redmond, 🌧️ Seattle Investor-Agent | 🤑 Helped 400+ Clients Invest in Real Estate | 🏘️ Owns 23 WA Rentals & Airbnbs | 🏗️ Built 5 DADU's | 📈 You Can Do It Too · Member since 2016 · 724 posts · 3k+ votes
    6y

    Sounds like this property is in North Seattle or the East-side, where neighbors love to get all up in each-other's business :). One of the many reasons we love South Seattle.

    If you already have an arborist's report I'd show him the report and leave it at that. If you don't I'd consider allowing him to pay for one, but if the trees are healthy and he wants to cut them down anyway he can send you a fair offer for your property, and once he owns it he can do whatever he wants with the place. 

    [email protected]408-439-7873
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    4Reply
  • Mary M.
    Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    6y

    I think that since you have the request you need to act. (Would not look good if something were to happen and he could say "well i tried to inspect the trees but he would not let me). 

    I do think calling the city urban forestry dept and have them come inspect, then present the info to neighbor. 

    This way you know (as much as you can with trees) if it is healthy etc 


    i also like the idea of selling him the property and he can deal with it! 

    0Reply
  • Kyle J.
    Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    6y

    @Suja N. If it were me, I would not let the neighbor and his “expert” come on your property and inspect anything. No good can come from it.

    Let’s say this “expert” (who’s working for the neighbor) finds what the neighbor is probably hoping he finds, which is that your trees are a risk and recommends they come down.

    You’ve already said the city won’t let you cut them down. So what are you going to do? Nothing? Okay, then all you did is open yourself up to liability if those trees ever do come down on the neighbor’s property because now you’ve been put on notice. 

    Now let’s say the “expert” finds no problem with the trees. Great, but you already had your own expert tell you that, so you’re just in the same position you already were before you opened yourself up to the risk of the first scenario. 

    Why risk it? Like I said. No good can come from it. There’s no benefit to you. 

    6Reply
  • Marian Smith
    Real Estate Investor · Williamson County, TX · Member since 2011 · 1k+ posts · 961 votes
    6y

    @Sujata Vaidyanathan Those trees were there when he purchased or built. That was the time for him to request an evaluation IMO.

    0Reply
  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    6y

    I obviously don't live in Washington and the concept of a locale telling me I can or cut down a tree is a little foreign to me so take what I say worth a grain of salt. 

    If a neighbor is asking to inspect my trees and then have them pruned or removed by a professional at their expense....maybe. If a neighbor is asking to inspect something of mine, to them tell me I have to "fix" or "address" an issue. I would politely decline. I agree with @Kyle J. nothing good can come of it for you. 

    Good Luck!

    2Reply
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    I agree with those saying get a city arborist to look at them and you can tell the neighbour they have been inspected twice over the years. I wouldn't let him and his expert inspect them.

    1Reply
  • Daniel Soyars
    Rental Property Investor · Tulsa, OK · Member since 2018 · 66 posts · 6 votes
    6y

    What about property damage from a tree limb?

    We rent and the tree in the front yard overhanging to road fell on my wife's truck. Destroyed the tool box and dented the bed bad.

    1Reply
  • Chris B.
    Chandler, AZ · Member since 2020 · 295 posts · 272 votes
    6y

    I think one important aspect is being missed here. A large tree is certainly capable of destroying a house if it falls on the home. Generally if a healthy and well maintained tree falls over, it’s not considered the fault of the property owner and any loss is the responsibility of the person who suffered the loss and their insurance. However if the tree is not properly maintained or is unhealthy, and it falls over and destroys a house, the land owner of where the tree was is completely responsible for paying for all damages. Your neighbor may be annoying and bothersome. You can deal with that. However, the neighbor is probably also taking pictures and documenting every transaction and conversation building up a case indicating problems with the tree should it ever fall over and cause damage. Don’t let your neighbor or neighbor’s agent onto your property. I suggest you have a certified professional provide something in writing that the trees are safe, healthy, and well maintained for your proof should something happen. And if it’s not safe, do what it takes to make it so. And having an arborist take a look and tell you it’s safe isn’t sufficient. Get it in writing as an official assessment. Treat this appropriately now so that should there be a problem, you are legally ready.

    If part of the tree overhangs someone else's property, and the part falls and damages a truck there are two options.  If it was a healthy tree, you should have engaged the owner before the issue and expressed the concern and documented it.  If the tree was unhealthy or poorly maintained, you may still have a case after the fact to seek compensation assuming not too much time has passed.

    1Reply
  • Jon Shoop
    Property Manager · Dallas, TX · Member since 2020 · 109 posts · 79 votes
    6y

    I'm with @Mike Cumbie on this one. Nothing good can come of having your neighbors agent inspect or come onto your property.

    I would suggest having your own agent or a city inspector to come and provide a report to you and your neighbor. Also with having a city inspector come to you too, you might be able to have them add the part of how there would be an extremely difficult and expensive time to remove that tree that it virtually makes it impossible.

    1Reply
  • Karl B.
    Rental Property Investor · Erie, PA · Member since 2015 · 1k+ posts · 2k+ votes
    6y

    I'd tell him no. And to be safe, I'd make certain (if you haven't already) I had a good umbrella policy to cover potential damage in the event a tree lands on his yellow Corvette. 

    3Reply
  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    6y

    Neighbor: "I'd like to bring in a specialist to look at your tree"

    Me: "Oh, I'm so glad you stopped by. I was looking into RADON gas and lead based paint. Is it OK if I have tests done on your property as it may adversely effect my tenants if that stuff floats over here during a windstorm?"

    Neighbor: Silently walks away

    6Reply
  • Alexandre Marques dos Santos
    Rental Property Investor · Member since 2020 · 215 posts · 137 votes
    6y

    @Sujata Vaidyanathan

    Yes, you are heading into trouble. What if they come and tell you you need to take down the tree? Will you pay for it? Or will you hire someone to look and get another opinion? This situation is similar to me as “ dont ask if you dont want to hear the answer”

    If you dont care about the tree, just tell your neighbor he can pay to take down the tree after get town permit, if hes too worried. Maybe he counteroffer to pay 1/2... lol

    0Reply
  • Suja N.
    OP
    Investor · Bellevue, WA · Member since 2019 · 8 posts · 6 votes
    6y

    Hey, I wanted to give you all an update on the situation.  I spoke to a tree specialist and he said that that the only way a neighbor can be held liable in the City of Seattle for a fallen tree is if the neighbor does a professional tree inspection report and sends it to me by certified mail.  Looks like this guy is trying to set me up by offering to pay for the inspection.  

    I spoke to the city and they said they don't inspect trees on private property.  If I want to remove a hazardous tree, they told me I need to get a professional inspection, file for a hazardous tree removal permit, and pay potentially thousands of dollars in application fees and review fees, in addition to the tree removal.  

    Honestly, I just am not going to do this.  That tree looks fine to me and it is holding up the hillside.  If it gets removed, I think the foundation of my house is at risk.  The truth is that any tree can come down in a windstorm.  That doesn't mean it was hazardous and I have no reason to believe this one is.  

    I did offer to have my yard guy do another ivy removal.  He did it a few weeks ago but this neighbor says it hasn't died off.   I told him my yard guy will be there at 9am on Thursday and I will be there this week to hear what he would like to get done.  Also, I will check out his claims that the ivy hasn't died off.

    I guess that's where I will have to leave it.  I am starting to feel harassed by this guy.  Kind of wish I hadn't agreed to meet him on Thursday but I will hear him out and not commit to anything (other than removing the ivy if in fact it wasn't removed).

    I have a good umbrella policy and I am in the process of putting my rentals into LLCs.  I wasn't going to do this one since I plan to sell it soon but given the situation, it is worth a few hundred dollars for the extra protection.

    0Reply
  • Isaac S.
    Member since 2018 · 563 posts · 562 votes
    6y

    Some people play golf, some knit, some ride a bike or motorcycle....and some find stuff to complain and fuss about....good luck!

    0Reply
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