[WSBARP] WSBARP Digest, Vol 63, Issue 7
Stephen Whitehouse
swhite8893 at aol.com
Tue Dec 10 09:37:46 PST 2019
Cat, Adverse possession is a statute of limitations based theory and the filing of a law suit always tolls the running of the statute of limitations as long as service is accomplished within 90 days. As long as service is had within that time frame, it is then deemed commenced when it was filed.
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com
-----Original Message-----
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To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Mon, Dec 9, 2019 12:02 pm
Subject: WSBARP Digest, Vol 63, Issue 7
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Today's Topics:
1. Deed Restriction Question (Patrick McDonald)
2. Re: Deed Restriction Question (Kaitlyn Jackson)
3. Question on AP/PE Cases (Catherine Clark)
4. Re: Deed Restriction Question (Rob Wilson-Hoss)
5. Re: Question on AP/PE Cases (Craig Blackmon)
6. Re: Deed Restriction Question (nestor at pplsweb.com)
7. Re: Deed Restriction Question (Claudia A Gowan)
8. Re: Deed Restriction Question (Law Office of Shaun Watchie Perry)
9. Need referral for forensic engineer for water intrusion
(Law Office of Shaun Watchie Perry)
10. Re: Deed Restriction Question (Eric Nelsen)
----------------------------------------------------------------------
Message: 1
Date: Mon, 9 Dec 2019 17:49:20 +0000
From: Patrick McDonald <pmcdonald at podymcdonaldlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Deed Restriction Question
Message-ID:
<MWHPR13MB140706F8774F3D2AE807C317BD580 at MWHPR13MB1407.namprd13.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Hi,
We have a client that would like to transfer an oddly shaped lot to a neighboring property owner but would like to prohibit the owner from being able to build on the lot. Is it possible to transfer title to the lot by quit claim deed that includes such a restriction? Does anyone have a form that they would be willing to share for this purpose?
Thanks,
Patrick McDonald
_______________________
Pody & McDonald, PLLC
1200 Fifth Avenue, Suite 1410
Seattle, WA 98101-3106
T: 206-467-1559
F: 206-467-4489
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Message: 2
Date: Mon, 9 Dec 2019 09:54:17 -0800
From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Deed Restriction Question
Message-ID: <78B243E6-7BB9-4FBC-9F06-E6949AD8650A at dimensionlaw.com>
Content-Type: text/plain; charset="utf-8"
I would love to know the answer to this, too!
Sent from my iPhone
> On Dec 9, 2019, at 9:53 AM, Patrick McDonald <pmcdonald at podymcdonaldlaw.com> wrote:
>
> ?
> Hi,
>
> We have a client that would like to transfer an oddly shaped lot to a neighboring property owner but would like to prohibit the owner from being able to build on the lot. Is it possible to transfer title to the lot by quit claim deed that includes such a restriction? Does anyone have a form that they would be willing to share for this purpose?
>
> Thanks,
>
> Patrick McDonald
> _______________________
> Pody & McDonald, PLLC
> 1200 Fifth Avenue, Suite 1410
> Seattle, WA 98101-3106
> T: 206-467-1559
> F: 206-467-4489
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 3
Date: Mon, 9 Dec 2019 18:25:48 +0000
From: Catherine Clark <Cat at loccc.com>
To: "'WSBA Real Property Listserve'" <wsbarp at LISTS.WSBARPPT.COM>
Subject: [WSBARP] Question on AP/PE Cases
Message-ID:
<MWHPR19MB119926C653690288FF1808EDA3580 at MWHPR19MB1199.namprd19.prod.outlook.com>
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All:
I'm involved in a case where a party has filed a dec action seeking to stop an AP/PE claim by my clients. The action was filed a week before the SOL ran. My client has continued to use the property in question. No TRO or preliminary injunction has been sought seeking to stop this use.
My question is does the mere filing of a lawsuit toll the SOL or is more needed? I ask because the essence of an AP/PE claim is use. Seems to me that the filing of suit is notice of hostility but without more, does not cut off actual use.
This has long been a pet issue for me and now I think I have a shot at the question. All responses appreciated.
Catherine "Cat" Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone: (206) 838-2528
Cell: (206) 409-8938
Fax: (206) 374-3003
Email: cat at loccc.com<mailto:cat at loccc.com>
NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited. If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.
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Message: 4
Date: Mon, 9 Dec 2019 10:44:03 -0800
From: "Rob Wilson-Hoss" <rob at hctc.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Deed Restriction Question
Message-ID: <03f701d5aec0$a116fd90$e344f8b0$@hctc.com>
Content-Type: text/plain; charset="iso-8859-1"
Patrick, we have done several. There is no form; it is just a Deed with
Restrictions, I do two sections, one for the deed language, and then one for
the restriction language, have both sets of owners sign it, and index it to
both lots, of course. We do this with easements as well. They can be simple
or extensive restrictions. Because it has two titles, you will need two
recording fees.
Rob
Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com
rob at hctc.com
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THIS OFFICE DOES DEBT COLLECTION AND THIS E-MAIL MAY BE AN ATTEMPT TO
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Patrick McDonald
Sent: Monday, December 9, 2019 9:49 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Deed Restriction Question
Hi,
We have a client that would like to transfer an oddly shaped lot to a
neighboring property owner but would like to prohibit the owner from being
able to build on the lot. Is it possible to transfer title to the lot by
quit claim deed that includes such a restriction? Does anyone have a form
that they would be willing to share for this purpose?
Thanks,
Patrick McDonald
_______________________
Pody & McDonald, PLLC
1200 Fifth Avenue, Suite 1410
Seattle, WA 98101-3106
T: 206-467-1559
F: 206-467-4489
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Message: 5
Date: Mon, 9 Dec 2019 10:56:55 -0800
From: Craig Blackmon <craig at lawofficeofcraigblackmon.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Question on AP/PE Cases
Message-ID:
<CAG1D8ubJ8Fw3M7OP4Zp=t5KiXck4rP+3N3SsuXk2xCKTVg3npQ at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Seems to me the answer is "No." Plaintiff should have filed for trespass
and ejectment. I agree with your analysis that the remedy sought failed to
toll the SOL. A "declaratory action" results only in a court's
determination of legal rights and obligations. So actually by the time the
Court decides this suit, the decision should be in your client's favor.
I am curious to hear the counterargument.
Craig Blackmon, Attorney at Law
Seattle Real Estate Lawyer <http://www.seattlepropertylawyer.com/>
92 Lenora St. (The Makers Space, a shared work environment)
Seattle WA 98121
Office/Cell: (206) 369-5949 Fax: (206) 770-7328
@LawyerBroker <https://twitter.com/LawyerBroker>
How to Buy Without an Agent
<http://www.seattlepropertylawyer.com/blog?category=Buy+without+an+Agent> | How
to Sell FSBO <http://www.seattlepropertylawyer.com/blog?category=Sell+FSBO>
| RE Glossary
<http://www.seattlepropertylawyer.com/blog?category=Real+Estate+Glossary>
CONFIDENTIALITY NOTICE: This communication is a private, confidential
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On Mon, Dec 9, 2019 at 10:29 AM Catherine Clark <Cat at loccc.com> wrote:
> All:
>
> I'm involved in a case where a party has filed a dec action seeking to
> stop an AP/PE claim by my clients. The action was filed a week before the
> SOL ran. My client has continued to use the property in question. No TRO
> or preliminary injunction has been sought seeking to stop this use.
>
> My question is does the mere filing of a lawsuit toll the SOL or is more
> needed? I ask because the essence of an AP/PE claim is use. Seems to me
> that the filing of suit is notice of hostility but without more, does not
> cut off actual use.
>
> This has long been a pet issue for me and now I think I have a shot at the
> question. All responses appreciated.
>
> Catherine "Cat" Clark
> Law Office of Catherine C. Clark PLLC
> 2200 Sixth Avenue, Suite 1250
> Seattle, WA 98121
> Phone: (206) 838-2528
> Cell: (206) 409-8938
> Fax: (206) 374-3003
> Email: cat at loccc.com<mailto:cat at loccc.com>
>
> NOTICE: The information contained in this electronic information
> transmission is confidential. If you are not the intended recipient, or the
> employee or agent responsible for delivering it to the intended recipient,
> you are hereby notified that any use, dissemination, distribution or
> copying of this communication is prohibited. If you received this
> communication in error, please immediately notify the sender by telephone
> at (206) 838-2528. Thank you.
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
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Message: 6
Date: Mon, 9 Dec 2019 11:06:02 -0800
From: <nestor at pplsweb.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Deed Restriction Question
Message-ID: <001601d5aec3$b3d00d70$1b702850$@pplsweb.com>
Content-Type: text/plain; charset="utf-8"
You can create any restriction and be as drastic as include a right of reverter.
Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary
ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.
P Please consider the environment before printing this e-mail.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Monday, December 9, 2019 9:54 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Deed Restriction Question
I would love to know the answer to this, too!
Sent from my iPhone
On Dec 9, 2019, at 9:53 AM, Patrick McDonald <pmcdonald at podymcdonaldlaw.com <mailto:pmcdonald at podymcdonaldlaw.com> > wrote:
?
Hi,
We have a client that would like to transfer an oddly shaped lot to a neighboring property owner but would like to prohibit the owner from being able to build on the lot. Is it possible to transfer title to the lot by quit claim deed that includes such a restriction? Does anyone have a form that they would be willing to share for this purpose?
Thanks,
Patrick McDonald
_______________________
Pody & McDonald, PLLC
1200 Fifth Avenue, Suite 1410
Seattle, WA 98101-3106
T: 206-467-1559
F: 206-467-4489
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
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WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
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PRIVILEGED AND CONFIDENTIAL: This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents. IRS C!
IRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
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Message: 7
Date: Mon, 9 Dec 2019 19:14:14 +0000
From: Claudia A Gowan <claudia at cagowanlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Deed Restriction Question
Message-ID:
<MWHPR13MB0910ABC7E5C3861826264D60CA580 at MWHPR13MB0910.namprd13.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
Patrick, enforceability is the issue with these types of restrictions. In practical terms, it is difficult to enforce the terms, perhaps not as much during the ownership by the original grantor and grantee, but down the line.
Best, Claudia
Claudia A. Gowan
Claudia A. Gowan, PLLC
1001 Fourth Avenue, Suite 3200
Seattle, WA 98154
(206) 443-2733 (T)
claudia at cagowanlaw.com<mailto:claudia at cagowanlaw.com>
www.seattletrustsandestates.com<http://www.seattletrustsandestates.com/>
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com
Sent: Monday, December 09, 2019 11:06 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Deed Restriction Question
You can create any restriction and be as drastic as include a right of reverter.
Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary
ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.
P Please consider the environment before printing this e-mail.
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Kaitlyn Jackson
Sent: Monday, December 9, 2019 9:54 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Deed Restriction Question
I would love to know the answer to this, too!
Sent from my iPhone
On Dec 9, 2019, at 9:53 AM, Patrick McDonald <pmcdonald at podymcdonaldlaw.com<mailto:pmcdonald at podymcdonaldlaw.com>> wrote:
?
Hi,
We have a client that would like to transfer an oddly shaped lot to a neighboring property owner but would like to prohibit the owner from being able to build on the lot. Is it possible to transfer title to the lot by quit claim deed that includes such a restriction? Does anyone have a form that they would be willing to share for this purpose?
Thanks,
Patrick McDonald
_______________________
Pody & McDonald, PLLC
1200 Fifth Avenue, Suite 1410
Seattle, WA 98101-3106
T: 206-467-1559
F: 206-467-4489
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
PRIVILEGED AND CONFIDENTIAL: This e-mail (including any attachments) is intended only for the use of the individual or entity named above and may contain privileged or confidential information. If you are not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are notified that any review, dissemination, distribution or copying of this e-mail is prohibited. Attempts to intercept this message are in violation of 18 USC 2511(1) of the Electronic Communications Privacy Act, which subjects the interceptor to fines, imprisonment and/or civil damages. If you have received this e-mail in error, please immediately notify us by e-mail, facsimile, or telephone; return the e-mail to us at the e-mail address below; and destroy all paper and electronic copies. Any settlement offer contained herein is made pursuant to Washington ER 408, and without admitting fault or liability on the part of this firm?s client(s) or its agents. IRS C!
IRCULAR 230 DISCLAIMER: To ensure compliance with requirements imposed by the IRS, I inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code; or (ii) promoting, marketing or recommending to another party any transaction or tax-related matter addressed herein.
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Message: 8
Date: Mon, 9 Dec 2019 11:19:03 -0800
From: Law Office of Shaun Watchie Perry <shaunwperry at swp-law.com>
To: wsbarp at lists.wsbarppt.com, pmcdonald at podymcdonaldlaw.com
Subject: Re: [WSBARP] Deed Restriction Question
Message-ID: <53f2f269-2e36-35e1-3cc1-f5bf5d3e2092 at swp-law.com>
Content-Type: text/plain; charset="windows-1252"; Format="flowed"
Hello Patrick,
My concern would be using a quit claim deed to establish a deed
restriction. Seems to me a bargain and sale deed is more appropriate.
I would think about? FIRST drafting a seperate restrictive covenant and
record against both lots, before the conveyance out.? That way you can
insert remedies including injunctive relief and attorney's fees if the
grantee lot violates the building restriction as well as insert other
provisions. I would also look into title insurance (perhaps an
endorsement to the existing grantor property policy)? to insure that the
grantor lot is so benefited (if this is available). Check with your
title officer.
Good luck and let us know what you decide.
-Shaun
*/Ms. Shaun Watchie Perry | Attorney at Law
Law Office of Shaun Watchie Perry
1325 Fourth Avenue, Suite 940 | Seattle, WA 98101
Tel +206.729.7442 | Fax + 206.260.1411 | www.swp-law.com/*
This e-mail is intended only for the use of the individual or entity to
whom it is addressed and may contain confidential, privileged
information. If the reader of this e-mail is not the addressee, please
be advised that any dissemination, distribution or copying of this
e-mail is strictly prohibited. If you receive this communication in
error, please call immediately 206-729-7442 and return this e-mail to
the above e-mail address and delete from your files.
On 12/9/2019 10:44 AM, Rob Wilson-Hoss wrote:
>
> Patrick, we have done several. There is no form; it is just a Deed
> with Restrictions, I do two sections, one for the deed language, and
> then one for the restriction language, have both sets of owners sign
> it, and index it to both lots, of course. We do this with easements as
> well. They can be simple or extensive restrictions. Because it has two
> titles, you will need two recording fees.
>
> Rob
>
> Robert D. Wilson-Hoss
>
> Hoss & Wilson-Hoss, LLP
>
> 236 West Birch Street
>
> Shelton, WA 98584
>
> 360 426-2999
>
> www.hossandwilson-hoss.com
>
> rob at hctc.com
>
> This message is intended solely for the use of the addressee and may
> contain information that is privileged, confidential, and exempt from
> disclosure under applicable law.? If you are not the addressee, you
> are hereby notified that any use, distribution, or copying of this
> message is strictly prohibited.? If you received this message in
> error, please notify us by reply e-mail or by telephone (call us
> collect at the number listed above) and immediately delete this
> message and any and all of its attachments.? Thank you.
>
> THIS OFFICE DOES DEBT COLLECTION AND THIS E-MAIL MAY BE AN ATTEMPT TO
> COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT
> PURPOSE.? To the extent the Federal Fair Debt Collection Practices Act
> (15 U.S.C. ? 1692) applies this firm is acting as a debt collector for
> the condominium/homeowners' association named above to collect a debt
> owed to it. Any information obtained will be used for collection
> purposes. You have the right to seek advice of legal counsel.
>
> *From:* wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Patrick McDonald
> *Sent:* Monday, December 9, 2019 9:49 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Deed Restriction Question
>
> Hi,
>
> We have a client that would like to transfer an oddly shaped lot to a
> neighboring property owner but would like to prohibit the owner from
> being able to build on the lot. Is it possible to transfer title to
> the lot by quit claim deed that includes such a restriction? Does
> anyone have a form that they would be willing to share for this purpose?
>
> Thanks,
>
>
> Patrick McDonald
>
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>
> *Pody & McDonald, PLLC*
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> 1200 Fifth Avenue, Suite 1410
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> Seattle, WA 98101-3106
>
> T: 206-467-1559
>
> F: 206-467-4489
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Message: 9
Date: Mon, 9 Dec 2019 11:28:43 -0800
From: Law Office of Shaun Watchie Perry <shaunwperry at swp-law.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>, "Real
Property List Serve (KCBA) (E-mail)" <realprop at yahoogroups.com>, "KCBA
Real Property, Probate and Trust Law Discussion List"
<realpropertyprobatetrustlaw at lists.kcba.org>, KCBAsolo at yahoogroups.com
Subject: [WSBARP] Need referral for forensic engineer for water
intrusion
Message-ID: <d7c646a8-123a-db6e-b446-9990aae5ea89 at swp-law.com>
Content-Type: text/plain; charset="utf-8"; Format="flowed"
This is a follow up to an earlier post.
In a spat with neighbor over water intrusion damaging my client's
property. Insurance involved and insurance Company has retained Donan
Engineering as its expert. We need our own. Any recommendations, please?
Thanks, Shaun
--
*/Ms. Shaun Watchie Perry | Attorney at Law
Law Office of Shaun Watchie Perry
1325 Fourth Avenue, Suite 940 | Seattle, WA 98101
Tel +206.729.7442 | Fax + 206.260.1411 | www.swp-law.com/*
This e-mail is intended only for the use of the individual or entity to
whom it is addressed and may contain confidential, privileged
information. If the reader of this e-mail is not the addressee, please
be advised that any dissemination, distribution or copying of this
e-mail is strictly prohibited. If you receive this communication in
error, please call immediately 206-729-7442 and return this e-mail to
the above e-mail address and delete from your files.
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Message: 10
Date: Mon, 9 Dec 2019 19:42:52 +0000
From: Eric Nelsen <Eric at sayrelawoffices.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Deed Restriction Question
Message-ID:
<57DC2058F333E340877E5517111277843CD35C81 at SBS2011.SayreLawOffices.local>
Content-Type: text/plain; charset="iso-8859-1"
Patrick-I agree with Shaun that the separate restrictive covenant is probably the better way to go, rather than putting conditions or restrictions in the deed itself. I think that separate restrictions are usually easier to enforce as a practical matter, because everyone seems to understand them better, compared to the "fee on a condition subsequent"-type estate analysis that results when restrictions are in the conveyance deed.
Sincerely,
Eric
Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Law Office of Shaun Watchie Perry
Sent: Monday, December 9, 2019 11:19 AM
To: wsbarp at lists.wsbarppt.com; pmcdonald at podymcdonaldlaw.com
Subject: Re: [WSBARP] Deed Restriction Question
Hello Patrick,
My concern would be using a quit claim deed to establish a deed restriction. Seems to me a bargain and sale deed is more appropriate.
I would think about FIRST drafting a seperate restrictive covenant and record against both lots, before the conveyance out. That way you can insert remedies including injunctive relief and attorney's fees if the grantee lot violates the building restriction as well as insert other provisions. I would also look into title insurance (perhaps an endorsement to the existing grantor property policy) to insure that the grantor lot is so benefited (if this is available). Check with your title officer.
Good luck and let us know what you decide.
-Shaun
Ms. Shaun Watchie Perry | Attorney at Law
Law Office of Shaun Watchie Perry
1325 Fourth Avenue, Suite 940 | Seattle, WA 98101
Tel +206.729.7442 | Fax + 206.260.1411 | www.swp-law.com<http://www.swp-law.com>
This e-mail is intended only for the use of the individual or entity to whom it is addressed and may contain confidential, privileged information. If the reader of this e-mail is not the addressee, please be advised that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you receive this communication in error, please call immediately 206-729-7442 and return this e-mail to the above e-mail address and delete from your files.
On 12/9/2019 10:44 AM, Rob Wilson-Hoss wrote:
Patrick, we have done several. There is no form; it is just a Deed with Restrictions, I do two sections, one for the deed language, and then one for the restriction language, have both sets of owners sign it, and index it to both lots, of course. We do this with easements as well. They can be simple or extensive restrictions. Because it has two titles, you will need two recording fees.
Rob
Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com<http://www.hossandwilson-hoss.com>
rob at hctc.com<mailto:rob at hctc.com>
This message is intended solely for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the addressee, you are hereby notified that any use, distribution, or copying of this message is strictly prohibited. If you received this message in error, please notify us by reply e-mail or by telephone (call us collect at the number listed above) and immediately delete this message and any and all of its attachments. Thank you.
THIS OFFICE DOES DEBT COLLECTION AND THIS E-MAIL MAY BE AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. ? 1692) applies this firm is acting as a debt collector for the condominium/homeowners' association named above to collect a debt owed to it. Any information obtained will be used for collection purposes. You have the right to seek advice of legal counsel.
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com><mailto:wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Patrick McDonald
Sent: Monday, December 9, 2019 9:49 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com><mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Deed Restriction Question
Hi,
We have a client that would like to transfer an oddly shaped lot to a neighboring property owner but would like to prohibit the owner from being able to build on the lot. Is it possible to transfer title to the lot by quit claim deed that includes such a restriction? Does anyone have a form that they would be willing to share for this purpose?
Thanks,
Patrick McDonald
_______________________
Pody & McDonald, PLLC
1200 Fifth Avenue, Suite 1410
Seattle, WA 98101-3106
T: 206-467-1559
F: 206-467-4489
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
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