[WSBARP] Shot in the Dark
Carl L. Gay
clgay at tfon.com
Fri Jun 23 15:52:44 PDT 2017
Good luck, Paul.
Ive likewise more often than not failed with plate of cookies diplomacy,
but I always recite that Nice Neighbor approach in my affidavit in support
of a declaratory judgment.
Judges like to know you at least initially attempted to resolve the dispute
amicably.
But, more importantly, thank you for the brilliant listserve Practice Tip:
When posting a query to a listserve, do NOT caption the subject seeking
advice re rights of servient estate or offer some similarly mundanely
moribund invitation for collegial assistance.
Rather, to ensure timely and enthusiastic responses, say something like
Shot in the Dark or set another comparably enticing hook.
Best regards,
clg
CARL LLOYD GAY
what counts in life is what we do for others
GREENAWAY, GAY & TULLOCH
Attorneys and Counselors at Law
829 East Eighth Street Suite A
Port Angeles, Washington 98362
Email <mailto:clgay at tfon.com> clgay at tfon.com
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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Friday, June 23, 2017 1:01 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Shot in the Dark
Thanks to one and all. Theories to think about. Apparently, the bright
line is no longer bright but is now very fuzzy, bogged down in the language
of a flexible approach.
For the record, my client has already tried the plate of cookies approach
and then he tried the BAR Method (Big Ass Rock Method). Unfortunately,
dominant easement holder owns a bulldozer, moved the BAR, and has the means
to rip out the clients hedge.
Paul Neumiller
From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Wilson-Hoss
Sent: Thursday, June 22, 2017 4:05 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Shot in the Dark
Agreed. The general proposition used to be that it is a 60-foot easement,
and that is that, with limited exceptions. But the general proposition used
to be that if you built a house over the line, you had to tear it down. Not
so much, after Proctor v. Huntington, although that and following cases
don't really give anyone a very good clue about what the result will be in a
particular case.
I don't think you can narrow the easement road down to the minimum necessary
for actual passage through the easement. I have that case now, and that
servient owner will lose that argument. But that is why we are offering to
agree to something in between - something that works for the dominant owner
just fine, but allows the servient owner a reasonable use of the easement
that does not unreasonably interfere with the servient owner's use. The fact
that the servient owner brings new depth and breadth to the term, "jerk,"
won't hurt our cause
Also, be sure to look very carefully at the language of the easement.
Sometimes they have little kernels in them that can matter. Usually they are
just copies of a form.
Rob
Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com
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From: <mailto:wsbarp-bounces at lists.wsbarppt.com>
wsbarp-bounces at lists.wsbarppt.com [
<mailto:wsbarp-bounces at lists.wsbarppt.com>
mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rick Hoss
Sent: Thursday, June 22, 2017 2:48 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Shot in the Dark
In upholding the equitable remedy imposed by the trial court, we recognize
the evolution of property law in Washington away from rigid adherence to an
injunction rule and toward a more reasoned, flexible approach. Proctor v.
Huntington, 169 P.2d. 491 (2010.
From: <mailto:wsbarp-bounces at lists.wsbarppt.com>
wsbarp-bounces at lists.wsbarppt.com [
<mailto:wsbarp-bounces at lists.wsbarppt.com>
mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Thursday, June 22, 2017 2:33 PM
To: <mailto:wsbarp at lists.wsbarppt.com> wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Shot in the Dark
As is typical in a rural county, written easement calls for 60 foot access
easement but the actual crushed aggregate road is about thirty feet wide.
Client has a plant hedge about 25 feet from actual road with a mowed lawn
abutting the actual road (that is, the lawn is in between the hedge and the
actual road. Now, dominant easement holder is driving on clients lawn by
about three feet (but still part of the easement) and is threatening to
tear out the hedge because I have a right to and you cant stop me. In
fact, there are about 10 servient tenements he is doing this to. He is a
retired Department of Transportation employee so he says he knows his rights
and the law. Unfortunately, Littlefair vs. Schulze, 169 WnApp. 659 (Div.
2, 2012), says, basically, he (dominant tenement) can do this.
Are there any cases or anything out there that says enough is enough, the
road is already a flat, unobstructed, straight 30 feet wide road. You dont
need any more so stop bullying your neighbors just because you may have the
right? All parcels are at least 2.5 acres. Any ideas other than going to
the guy, hat in hand, and asking for mercy?
cid:image004.jpg at 01D2EC1F.E9FA4500
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