my native Sitka Spruce

[salishacktavern]

I am currently being sued to force removal of a native, natural growing Sitka Spruce. The neighbors shed is on the property line (no setbacks) people say the tree is over a hundred years old ( a baby to you guys) I just want advice about remedies available to save my tree....................salishackpatt

[RyanLeClair]

Hey there,

We have a number of foresters and arborists in our ranks. They might know how to remedy your quandary. Hopefully they will post here soon.

Sitka spruce might be my favorite tree (even though they're 3,000 miles away!).

Just a question, how is living on the coast? It's a dream of mine to live out there someday. I like Port Angeles in WA.

--Ryan

[Rand]

So.. what reason do they give for demanding it be cut down?

One would hope it's something more substantial then, 'I think it's big and scary looking.'

[RyanLeClair]

A few on-the-border trees here at my place had to come down...they were at risk of falling on our neighbor's property. It's an unfortunate reality.

[TN_Tree_Man]

Well, this is an interesting question. Perhaps you should secure legal representation and gain education regarding the tree laws of your state. Tree laws vary from state to state and can be a little tricky so you need to know what you are doing before you do anything. (just saying)

Steve Springer

[Don]

Salis...-
The issue in general requires a legal perspective to be obtained from a lawyer. This will likely involve a licensed land surveyor to determine the relationship of the neighbor's shed to your shared property line. Additionally, an ISA (International Society of Arborists) certified arborist may be necessary, as the neighbor's inference is that there is a probability of your tree falling on his shed.
There's some give and take here, which can possibly be resolved through an independent arbitrator, should your tree be labeled a hazard tree, and the shed be on or over the property line.
-Don
(ex-Hazard Tree Coordinator, ex-Land Surveyor)

[mdavie]

You'll have to talk to a lawyer, really; as someone mentioned, the laws vary from state to state. An arborist familiar with state law can advise you, but obviously if there is a lawsuit, you gotta lawyer up. Here is a link to a site where you or your lawyer can buy a copy of the case law for Oregon that's been compiled by a tree law expert (and that guy does know his stuff).

[salishacktavern]

My insurance company has hired a very nice and extremely competent attorney. The neighbors shed is on the property line built sometime before setbacks, building permits etc. The current property owners purchased the cabin in 2003. I purchased the contiguous property including subject tree in 2004. In 2006 the shed owners started a letter writing campaign. They claim that the roots from my tree have just then started to cause damage to the shed which sometime in the past (without permits) was converted to a utility room. I am afraid this beautiful natural growing tree will be cut down because it is expedient. Can it be judged a landmark or something impervious to human intervention? it was growing many years be for this area was settled by pioneers or the cabin was built.