[WSBARP] Statute of Limitations Question
Ron Housh
ron at housh.org
Fri Jul 28 12:31:58 PDT 2017
John and Rich:
Thanks.
I have not dealt much with merger principles.
Seems Developer will argue Party A's "obligations" are collateral contract
requirements.
Perhaps it could be argued by Party A that the subsequent failure to deliver
to Party A good title to the "additional parcel" [because Developer One
never developed] was a pre-condition not met thus excusing any further
obligations of Party A?
I like Rich's estoppel/laches argument.
At some point whether under principles of equity or law any duty on A's part
must be excused. As Party A has said, "What if the land was sold to a third
developer who developed 25 years from now, would that developer be able to
claim that I - party A - must agree that my parcel A is to be part of the
plat and the CCR's?" I think not.
Ron
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.
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
Seattle Office:
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393
Phone: 206-381-1341
Fax: 206-464-0461
Email: <mailto:ron at housh.org> ron at housh.org
Mount Vernon Office:
21411 Bluejay Place
Mount Vernon, WA 98274
Phone: 206-235-2459
Email: <mailto:ron at housh.org> ron at housh.org
From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John M. Riley III
Sent: Friday, July 28, 2017 12:01 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Statute of Limitations Question
And what of the doctrine of merger into the deed Barber v. Peringer?
John Riley
John M. Riley III
Principal | Witherspoon . Kelley
JMR at witherspoonkelley.com | Attorney Profile
<http://www.witherspoonkelley.com/john-riley-1> | vCard
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WK
422 W. Riverside Ave, Ste 1100
Spokane, WA 99201
(509) 624-5265 (office)
(509) 458-2728 (fax)
witherspoonkelley.com
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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Richard Holland
Sent: Friday, July 28, 2017 11:37 AM
To: WSBA Real Property Listserv
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
Seattle Office:
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393
Phone: 206-381-1341
Fax: 206-464-0461
Email: <mailto:ron at housh.org> ron at housh.org
Mount Vernon Office:
21411 Bluejay Place
Mount Vernon, WA 98274
Phone: 206-235-2459
Email: <mailto:ron at housh.org> ron at housh.org
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