[WSBARP] Looking for a CC&R Case

[Eric Nelsen]

I don't have any authority, but I think the CC&R covers the property it covers, and nothing further, as a legal matter. But as a practical matter, I agree that the inability to use that property for commercial purposes could preclude use of the other parcel for any commercial purpose that is only viable if both properties are used together.

But if there is a commercial purpose that can be achieved solely on the property not covered by the CC&R, obviously the restriction won't apply.

Example: Grocery store operates on the unrestricted lot. If they need the restricted property for parking, it won't work--a parking lot isn't residential use. But if they can operate and get all the parking onto the unrestricted lot, it works.

I wonder who has the right to enforce the restriction? Any chance for merger of interests that would extinguish the restriction?

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

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Catherine Clark
Sent: Wednesday, January 31, 2018 3:59 PM
To: WSBA Real Property Listserv
Subject: [WSBARP] Looking for a CC&R Case

All:

Assume that I have purchased two pieces of property.  I intend a common and joint use for both parcels, say a commercial use.  Assume also that one of those parcels is subject to a CC&R which limits the use of that parcel to a residential use.

Does not the linking of the two properties together essentially extend the CC&R to the non-encumbered property for purposes of my commercial use?

If you agree, or disagree, what is your authority in so doing if any.

Thanks.

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone:  (206) 838-2528
Direct Dial:  (206) 274-7941
Cell:  (206) 409-8938
Fax: (206) 374-3003
Email:  cat at loccc.com<mailto:cat at loccc.com>

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