[WSBARP] Enforcement of Deed Restriction - Height of Single Family Residence

Jason Powell jason at bjornsonlaw.com
Thu Oct 20 07:27:44 PDT 2016


Listmates,

Potential client lives on the edge of a bluff in Spokane County.  Adverse party is building a home on a lot below the edge of the bluff and right in front of the potential client.  Lot on which the adverse party is building the home contains a deed restriction regarding the height of the home.  Potential client believes that the adverse party's home is several feet over of the height restriction, based on the fact that the home next to the adverse party's lot is just under the height restriction and the adverse party's home is significantly higher than the neighbors.    Because there are two additional lots (which are also subject to the same deed restriction) next to the adverse party's lot that will undergo construction in the near future, potential client is concerned about the precedent created by adverse party's home exceeding the height restriction.

Curious to know if anyone has dealt with a similar situation and thoughts on what the best option might be for the potential client.

Thanks,
Jason

__________________________________________________
Jason M. Powell
Bjornson Jones Mungas, PLLC
601 W. Main Ave., Suite 900, Spokane, Washington 99201
Direct: 509.981.4423
Email: jason at bjornsonlaw.com<mailto:jason at bjornsonlaw.com> |Website: www.bjornsonlaw.com<http://www.bjornsonlaw.com/>
Linkedin: https://www.linkedin.com/in/jason-powell-6a6208a

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