[WSBARP] Looking for a CC&R Case

[Douglas Kiger]

I agree with the other comments that the non-encumbered property is probably not bound. This case is not directly on point but it might get you started in the right direction: Buck Mountain Homeowner's Association v. Prestwich, 174 Wn. App. 702, 308 P.3d 644 (2013).

Doug
Douglas N. Kiger | Attorney at Law

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From: Catherine Clark [mailto:Cat at loccc.com]
Sent: 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
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