[WSBAPT] Petition for Anti-Harassment Order

[Carl L. Gay]

Howdy, neighbor.

 

I would first confirm with a local title company that a sale of the property
would be insured with the easement to the parcel.

I would have the neighbor personally served with a demand letter (to show
the court your attempt to resolve the matter without litigation), but since
the predicate step of a demand letter sounds like a waste of time, you
should plan to file a declaratory judgment action to quiet title (since she
is disputing the validity of the easement) which could include a request to
the court for a mandatory injunction prohibiting her from interfering with
the estate’s beneficial use and enjoyment of the easement.  I would ask for
attorney fees and costs (RCW 11.96A.150).

Your firm should already have my pleading forms for such an action, but if
not just give me a call.

Good luck, Jeff.

 

Best regards,

clg

 

 

CARL LLOYD GAY  

 

what counts in life is what we do for others

               

GREENAWAY, GAY & TULLOCH

Attorneys and Counselors at Law                     

829 East Eighth Street       Suite A

Port Angeles, Washington   98362

Email                       <mailto:clgay at tfon.com> clgay at tfon.com

Telephone               (360) 452-3323


Facsimile                  (360) 452-3724 

 

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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jeff Davis
Sent: Monday, October 9, 2017 3:21 PM
To: wsbapt at lists.wsbarppt.com
Cc: mindy at bellanddavispllc.com
Subject: [WSBAPT] Petition for Anti-Harassment Order

 

Listmates:

 

I represent a probate estate that owns vacant land with an ingress/egress
easement through the neighbor.  The property is listed for sale.  Neighbor
is crazy; she yells and screams at our realtor, other realtors showing the
property and prospective buyers; she also tells everyone there is no
easement and has attempted to block the access.  I’ve already sent her a
letter to stop or a lawsuit will be started.  

 

I was going to go under RCW 10.14 and seek a protection order.  However, in
reading the law it is intended to protect people being subjected to the
harassment.   That would mean the realtors and buyers actually being yelled
at.  Does the Estate have standing?  It is certainly being damaged as one
prospective buyer backed out and another realtor felt the crazy ladies
actions so bad that it is not worth showing the property.  Has anyone
brought such an action on behalf of an entity rather than a person?  What
other avenues are there?  Your help would be appreciated.

 

Jeff

 

 

 

W. Jeff Davis, Esq.

BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129 
Fax No.: (360) 683.1258 
email:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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