Yakima, WA asked in Real Estate Law, Agricultural Law and Environmental for Washington

Q: If I have 5 apple trees that are surrounded by acres of commercial orchards, can I be required to spray with pesticides?

The apple trees were on my property and cared for by the orchard company when I purchased my home 3.5 years ago. I put up a fence and the orchard was taken out and re-planted by a new orchard company after the surrounding orchard was sold. The new fruit company asked me to cut down my trees. I am not interested since they are large trees. These trees are not cheap to buy and I would assume adds value to my property as well, if not just looks good from a landscaping perspective. I plan on selling my house in the next few months...

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Environmental Law Lawyer
  • Little Neck, NY

A: This is a fairly complex setting and would probably be better suited to a consult with an attorney in Washington State than a Question & Answer Board. Based on Washington case law, an attorney would be in a better position to meaningfully assess the directive to remove trees or apply pesticides (which could introduce additional elements if involving chemicals requiring a pesticide applicator license), and the basis for the directive (protection from invasive insect species?) Good luck

Tim Akpinar

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