[WSBARP] Improvements on Greenbelt

[swhite8893 at aol.com]

David,
     I am curious about your CC&Rs. How do they forbid AP? I have never heard of that and would certainly wonder to what extent that would bind your client. I would bet there is no case in Washington addressing that. I think you would have a hard time finding that issue specifically addressed anywhere. 
     On your proof issues, that is as to the existence of the improvements prior to 1987, so that they vested prior to the statute, there a several avenues to track that down. If you can't find neighbors or such, check permit records. Also, the assessor's records may show the outbuildings. If that fails, there are aerial photographs available. They are less accessible than they used to be, but call me and I can tell you to get to them.
     Of course, if you can avoid a costly war with the HOA, that is a good thing. They are probably more worried about precedent than any thing else. On the other hand they really don't want to take the risk you could prevail. So the idea of some agreement that allows them to remain, but recognizes the HOAs superior right, would seem to be in everyone's best interest.


Steve


Stephen Whitehouse
Whitehouse & Nichols, LLP
Attorneys at Law
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com



-----Original Message-----
From: David Faber <david at faberfeinson.com>
To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Wed, Nov 12, 2014 9:27 am
Subject: [WSBARP] Improvements on Greenbelt


WSBARP List:


My client's property is located next to a greenbelt in an HOA-managed area. Client's improvements spill over onto the greenbelt and have since before the client purchased the property more than 20 years ago. The HOA is now demanding that my client remove all of the improvements, including a poured cement walkway, numerous trees, and two outbuildings.


We are unsure how much further back in time the improvements might go than 1993. Accordingly, that RCW 36.70A.165 was enacted in 1997 is not of much use to us. Moreover, though, the CC&Rs forbid adverse possession, so it looks like quiet title is not a possibility.



Can anybody think of anything that my client might be able to do in this situation? The Client does not want to have to remove what is an essential part of their yard. As far as we can tell, the HOA is only doing this because the Client was considering a quiet title action (and may have said as much to a couple people) when the Client discovered the improvements were on HOA land last year. The HOA has not asserted any need as to why the improvements should be moved.


Any assistance in figuring out a way to stop the HOA from just ordering the client to remove all of the improvements would be much appreciated.




Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110


*** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL.  This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this communication in error, and destroy the copy you received.***




_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp

 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20141112/36e46744/attachment.html>