[WSBARP] Statute of Limitations Question
Scott.glen.thomas
scott.glen.thomas at gmail.com
Fri Jul 28 12:13:37 PDT 2017
Did developer materially breach by failing to obtain final plat (creating the additional parcel, if i understand facts corectly)? If so, when did preliminary plat expire?
Sent from my T-Mobile 4G LTE Device
-------- Original message --------
From: Richard Holland <rich at pnwle.com>
Date:07/28/2017 11:37 AM (GMT-08:00)
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc:
Subject: Re: [WSBARP] Statute of Limitations Question
Wouldn’t Party A’s argument be equity based like laches / estoppel and not Stat of Limitations? I mean the SOL runs from breach and where exactly would the measuring/trigger point be? Best case somehow at sale from D1 to D2?
(cryptically from mobile)
Rich Holland
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Ron Housh
Sent: Friday, July 28, 2017 9:18 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Statute of Limitations Question
Interesting statute of limitations issue.
Party A buys Parcel A from Developer One in 2006.
Party A agrees to cooperate “to the greatest extent possible” [whatever that means] in seller’s completion of a Rural Cluster Subdivision – a 32 Lot development.
Upon approval of the Plat then an additional Parcel will be available for Party A to purchase.
Party A further agrees to “adhere to the CCR’s of the Plat to be established” and further agrees to “respect and acknowledge” [whatever that means] the open space and native growth protection area in the Plat.
Developer One never develops the property and eventually sells all of the properties – except Parcel A which is still owned by Party A - to Developer Two.
Developer Two is now seeking Plat approval which incorporates Parcel A into the plat and incorporates Parcel A into the CCR’s and is asking Party A to sign off.
Party A says: I do not want my Parcel A to be part of the development; I do not want it to be subject to the CCR’s and it has been over 10 years since I had the Agreement with Developer One.
Are Developer Two’s claims that Party A has duties under the 2006 Sale Agreement time barred?
Thanks,
Ron
I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY
Ronald G. Housh, P.S.
Attorney at Law
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Email: ron at housh.org
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