my native Sitka Spruce

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salishacktavern
Posts: 2
Joined: Tue May 01, 2012 2:19 pm

my native Sitka Spruce

Post by salishacktavern » Tue May 01, 2012 2:37 pm

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
Posts: 302
Joined: Thu May 20, 2010 8:45 pm

Re: my native Sitka Spruce

Post by RyanLeClair » Tue May 01, 2012 3:06 pm

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

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Rand
Posts: 1217
Joined: Tue Mar 16, 2010 9:25 pm

Re: my native Sitka Spruce

Post by Rand » Tue May 01, 2012 6:57 pm

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
Posts: 302
Joined: Thu May 20, 2010 8:45 pm

Re: my native Sitka Spruce

Post by RyanLeClair » Tue May 01, 2012 8:13 pm

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
Posts: 112
Joined: Sat Mar 13, 2010 7:14 am

Re: my native Sitka Spruce

Post by TN_Tree_Man » Tue May 01, 2012 8:24 pm

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
"One can always identify a dogwood tree by it's bark."

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Don
Posts: 1570
Joined: Tue Mar 09, 2010 12:42 am

Re: my native Sitka Spruce

Post by Don » Wed May 02, 2012 2:49 pm

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)
Don Bertolette - President/Moderator, WNTS BBS
Restoration Forester (Retired)
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View my Alaska Big Tree List Webpage at:
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mdavie
Posts: 151
Joined: Sun Mar 14, 2010 6:51 pm

Re: my native Sitka Spruce

Post by mdavie » Thu May 03, 2012 12:24 pm

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
Posts: 2
Joined: Tue May 01, 2012 2:19 pm

Re: my native Sitka Spruce

Post by salishacktavern » Fri May 04, 2012 4:13 pm

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.

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