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Emma Amiad answers questions from customers and island residents on a weekly basis. Check online or in the Vashon Beachcomber to catch Emma's latest answers. Also feel free to contact Emma directly via email to ask her a question of your own.

Wednesday, June 24, 2009

Q: We bought our house about two years ago and knew when we bought it that there was some doubt about the boundary lines.

We didn't really want to spend the money on a survey and the seller didn't either so we just let it go. Now the house next door has sold and the new owners are cutting down bushes and trees we think are on our property. We talked to them and they seemed friendly, but said they want to get rid of the trees because they really want more sunlight. Now we're suddenly very exposed on that side of the house with those trees and shrubs gone. We don't want a big fight, so what can we do?

A: I would say a survey is the first step. You can't defend a border until you know where it is. Talk to these people again and ask that they refrain from cutting down any more trees until you both know whose property they are on. I think I would offer to pay for the survey since asking them to pay half might antagonize them. Keeping things friendly is important.
Once the survey is done, and if the trees were on your property, you might want to consult with an attorney. An attorney might counsel you to ask for restitution for the lost trees and shrubs if it turns out that they were on your side. However, it's up to you to decide how far you want to take this issue. Perhaps the neighbors will feel badly enough that they will offer to plant new trees, build a fence or otherwise try to make up for the loss to you.
If it turns out that the trees and shrubs were on their side of the property line I suggest you invest in some nice, fast growing trees or shrubs that you can plant on your side of the boundary to restore some of your lost privacy. Or you could fence in a courtyard closer to your house which will shield you from the neighbor's house.

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