[WSBARP] WSBARP Digest, Vol 31, Issue 6
Stephen Whitehouse
swhite8893 at aol.com
Sat Apr 8 14:32:38 PDT 2017
Eric,
See MKKI v. Krueger, 135 WashApp 647(2006). You must amend the short plat. You can add an easement without amending if there is nothing on the face of the short plat which would prohibit it. Hanna v. Margitan, 193 WashApp 596(2016).
Steve
Stephen Whitehouse
Whitehouse & Nichols, LLP
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com
-----Original Message-----
From: wsbarp-request <wsbarp-request at lists.wsbarppt.com>
To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Sat, Apr 8, 2017 12:00 pm
Subject: WSBARP Digest, Vol 31, Issue 6
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Today's Topics:
1. extinguishment/removal of driveway easement on short plat?
(Eric Nelsen)
2. Re: extinguishment/removal of driveway easement on short
plat? (Bryce Dille)
3. Re: extinguishment/removal of driveway easement on short
plat? (Gregory L. Ursich)
4. Re: Eviction or Ejectment (Melinda Grout)
5. Re: Eviction or Ejectment (hhherman2)
----------------------------------------------------------------------
Message: 1
Date: Fri, 7 Apr 2017 19:40:39 +0000
From: Eric Nelsen <Eric at sayrelawoffices.com>
To: "WSBA Real Property listserve (wsbarp at lists.wsbarppt.com)"
<wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] extinguishment/removal of driveway easement on short
plat?
Message-ID:
<8CF6ADB264BB704BB884B2ED9C1931D4018AD51793 at SBS2011.SayreLawOffices.local>
Content-Type: text/plain; charset="us-ascii"
It's Friday and I am being lazy - does anyone know, is it permissible for all owners of a short plat to agree to remove a driveway easement that is shown on the short plat? They are replacing it with an easement in different location. Nothing on the face of the short plat indicates that the presence or location of the driveway easement is required as a condition of the short plat - but then again, the driveway easement is the sole access to a public road for one of the parcels.
Obviously the preference would be to avoid having to amend the short plat, but instead do an easement extinguishment, and a new easement in the new location.
Sincerely,
Eric
Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA 98144-3909
phone 206-625-0092
fax 206-625-9040
Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.
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Message: 2
Date: Fri, 7 Apr 2017 20:20:25 +0000
From: Bryce Dille <BryceD at cdb-law.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] extinguishment/removal of driveway easement on
short plat?
Message-ID:
<B3982DA158E09443BF4EE7AD2BB58257944CFA71 at CDBS-SBS.cdb-law.local>
Content-Type: text/plain; charset="us-ascii"
In Pierce county planning dept. takes position that although the parties may agree the easement will still show on the short plat as recorded unless short plat is amended
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Friday, April 07, 2017 12:41 PM
To: WSBA Real Property listserve (wsbarp at lists.wsbarppt.com)
Subject: [WSBARP] extinguishment/removal of driveway easement on short plat?
It's Friday and I am being lazy - does anyone know, is it permissible for all owners of a short plat to agree to remove a driveway easement that is shown on the short plat? They are replacing it with an easement in different location. Nothing on the face of the short plat indicates that the presence or location of the driveway easement is required as a condition of the short plat - but then again, the driveway easement is the sole access to a public road for one of the parcels.
Obviously the preference would be to avoid having to amend the short plat, but instead do an easement extinguishment, and a new easement in the new location.
Sincerely,
Eric
Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA 98144-3909
phone 206-625-0092
fax 206-625-9040
Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.
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Message: 3
Date: Fri, 7 Apr 2017 13:28:46 -0700
From: "Gregory L. Ursich" <gursich at insleebest.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] extinguishment/removal of driveway easement on
short plat?
Message-ID: <983E0256-0A89-41B3-96FD-EA28ED0F1086 at insleebest.com>
Content-Type: text/plain; charset="us-ascii"
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Message: 4
Date: Fri, 7 Apr 2017 13:51:52 -0700
From: Melinda Grout <mkgroutlaw at gmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Eviction or Ejectment
Message-ID: <F0842748-6347-4A08-B539-D83DE84600FA at gmail.com>
Content-Type: text/plain; charset="utf-8"
Scott,
Over the years I have learned to let the experts handle these things - super efficient and super effective. This office:
Evan Loeffler 206-443-8678
in particular is so experienced and streamlined, that its a no-brainer to just hand it off to them.
Just IMHO?
Regards,
Melinda Grout
Law Office of Melinda K Grout, PS
17325 W. Main Street / P.O. Box 1360
Monroe, WA 98272
360-794-4322 / Fax: 425-744-6745
Emphasizing Estate Planning, Probate, and Elder Law
mkgroutlaw.com
NOTE:
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Message: 5
Date: Fri, 07 Apr 2017 15:59:47 -0700
From: hhherman2 <hhherman2 at Comcast.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Eviction or Ejectment
Message-ID: <20170407230022627 at smtp421.redcondor.net>
Content-Type: text/plain; charset="utf-8"
RCW 59.12.030 (6)3 DAY NOTICE TO VACATETO: ALL OCCUPANTS
Sent from my Verizon, Samsung Galaxy smartphone
-------- Original message --------From: Scott Hildebrand <scott at starboard-strategies.com> Date: 4/6/17 10:04 PM (GMT-07:00) To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com> Subject: [WSBARP] Eviction or Ejectment
All-Here is a question I have been pondering regarding squatters. I have a client with a house he moved out of a few years ago and let some people move in in exchange for taking care of the place. These people moved out and a new set of people moved in and now the house is inhabited by a band of unknowns who are up to no good.How do I go about kicking these ne?er do wells out? Is this an unlawful detainer or ejectment? And I presume I serve a 20 day, right? To whom? John and Jane Doe??Thanks for your insightful comments regarding this issue.?Best,Scott HildebrandAttorney at Law206-605-8874
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