What does your purchase contract say? What does your agreement with realtor say?

The latter probably says everything is on you.

The former probably says the seller needs to disclose that stuff.

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My training

Short answer, it depends on your states laws. You need to speak with an attorney in your area that is familiar with this issue.

I can't contribute anything regarding your question, but I wanted to comment about how pretty that area is. The school district in Snoqualmie Valley uses our software. They invited me to present at a meeting of other school districts, so I stopped by and visited with them. They told me about the falls, so I drove by and checked it out. For a couple of years a photo of the falls was the backdrop on my smartphone.

I did go to the restaurant at the falls for dinner. It was pretty expensive but very good.

While I am not a professional realtor or real estate lawyer, being a real estate photographer doesn't mean that I am not familiar with disclosure laws (my photos may ultimately have some impact). With that being said, in most states, the seller is under no obligation to provide this information, and, in some states, your realtor is restricted in disclosing issues like this which means they can't show a bias. Pre-internet, disclosures were different, but that has changed with the internet search features and puts the legwork to uncover issues that may not necessarily pertain to the dwelling (think local rezoning, school district issues, governmental service changes, etc.) on the seller.

 Are the trees in question on your property or on an adjacent property owned by a different entity? If its not your property then they are not yours to trim in most cases.


Have you independently confirmed what your landscaper has told you with the county? Have you consulted with an Tree Trimming/ Removal specialty company (just don't let them do anything until they obtain a permit

The previous owners may have not had a permit pulled to remove the trees and therefore were fined and forced to replace the trees as a punitive action. (unfortunately I have seen our county required penalty trees be placed in a conservation easement)

Are the trees on your property within a conservation easement? (this should show on your survey you had performed when your bought the property)

Are there Deed Restrictions on the property or how does the Sensitive Lands designation show up? Is this a Zoning Designation?

I read some on the King County land development codes regarding clearing and there may be an avenue for you to get a permit to have tree removal for firewood to be used for Personal Consumption even in Sensitive areas. I also see permits are obtainable for vegetation management that includes view corridors in Sensitive Areas.

Tree Removal permit instructions link -
http://www.kingcounty.gov/...letins/28.ashx?la=en

County Code for clearing -
http://aqua.kingcounty.gov/...16.htm#_Toc321840380

County Code for Critical (Sensitive) Areas

http://aqua.kingcounty.gov/...1A.htm#_Toc397073376

Hope this helps

Under your no. 1, you say the information was readily available during a public records check. If that's true, then you were on, at a minimum, constructive notice of a use restriction affecting the land. Sellers typically don't have to disclose matters of public record. You or your realtor should have received a prelim title report that disclosed this restriction.

I can't comment on whether you have any valid claims against anyone, including your title insurer for instance, because there is much I don't know about your specific situation. However, it seems what you want is to preserve your view and not get enmeshed in litigation. So I suggest you, or better yet a local lawyer with some land use juice, contact the city/county/public agency behind the restriction and find out what your options are. Trimming trees is not the same as cutting them down completely. And maybe you can get a variance. In other words, there are other options besides suing for money.

Now for the sarcastic: if you can't trim or remove the trees, get a building permit and build a high rise.

I am no expert, but have been through a long and drawn out real estate issue, but it also depends on the laws where you live...

1) other than all out fraud which is hard to prove, your real estate agent isn't an expert in any field and not responsible for any thing they may or may not do and probably states so in the contract you signed that they say is just a formality and no real reason to read the 20 pages of fine print.

2)the seller is responsible for disclosing anything that may impact the value or use of the property in question that they have knowledge of. You would have to prove that they had knowledge of the issue at hand.


3) Similar to 1, but the seller fills out the disclosures which protects the selling agent from being responsible for anything that is/isn't disclosed of.

I'm assuming that both real estate agents were local to the area, which means there is a very high probability that they were aware of the restriction. No way agents are unaware of things like that when they do business on their home turf. Certainly would at very least be aware of the possibility that a restriction could exist.

Neither brought it up because they wanted to make the sale and get the commission.

Another reason real estate agents need to go the way of the dodo bird.

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Sometimes trees die from unknown causes.

I believe this answer qualifies as both real and sacastic.

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I'm beginning to think that we are much more fucked than I thought.

i could prob still get ya connection in montana.

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ΜΟΛΩΝ-ΛΑΒΕ
we're doomed

I only have sarcasm. Assuming trees are on your property. Buy chainsaw and cut down your own trees. Then how would anyone know? Barring that, ring them at deer antler height.

I just buy a flock (or whatever they are called) of beavers to reintroduce to nature. Make sure this is documented. It's not your fault they are discerning wither regard to which trees they bring down. Also once the trees are down beaver fur makes great coats.

I've sued over nondisclosure on an RE deal. Just checking: are you prepared to pay $5-10k per month over this?

A group of beavers is referred to as a family, or colony of beavers. Or a sorority.

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Long Chile was a silly place.

Have you read the title policy you got at closing?

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It doesn't really matter what Phil is saying, the music of his voice is the appropriate soundtrack for a bicycle race. HTupolev

That was my thought as well.

FWIW, I'm a Realtor in AZ. Your best option is going to be talk to a lawyer because state laws and the state contract are the only things that mtter.

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speedySTATES

Dude, take your sophomoric humor elsewhere.

Don't do real estate or practice in WA, but you may have a case against the seller,,,,, more difficult against your agent, probably not against seller's agent as they don't really owe you a duty. The disclosure obligation is on the seller

This appears to be the WA disclosure language http://apps.leg.wa.gov/....aspx?cite=64.06.020

If so, and if there is a restriction on clearing *any* of your property, it would seem the question re "unusual" restrictions that would affect future construction or remodeling. I presume they said "no."

Still, it's not cheap and you're gonna need an expert to value the view that may be lost.

I think buying beaver is illegal in most places.