[WSBARP] WSBARP Digest, Vol 63, Issue 7

Tue Dec 10 12:19:05 PST 2019

Great point! A "winning" procedural argument, easily cured.

Craig Blackmon
Attorney
(206) 369-5949
Sent from handheld. This email is private & confidential. Destroy if not
meant for you.

On Tue, Dec 10, 2019, 11:13 AM Gregory L. Ursich <gursich at insleebest.com>
wrote:

> I also think that neighbor can get leave to amend and assert claims for
> trespass and ejectment under CR15 that relate back to the date of filing,
> thus cutting off an adverse possession claim at 9 years and 360 days.
>
>
>
> *Gregory L. Ursich *
>
> Shareholder
>
> Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
>
> P: 425.450.4258 | F: 425.635.7720
>
> *vCard <http://www.insleebest.com/uploads/vcards/gursich.vcf>* | *website
> <http://www.insleebest.com/>* | *gursich at insleebest.com
> <gursich at insleebest.com>*
>
>
>
> This electronic mail transmission is privileged and confidential and is
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>
> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
> wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Stephen Whitehouse
> *Sent:* Tuesday, December 10, 2019 9:38 AM
> *To:* wsbarp at lists.wsbarppt.com
> *Subject:* Re: [WSBARP] WSBARP Digest, Vol 63, Issue 7
>
>
>
> 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 Whitehouse*
>
> *Whitehouse & Nichols, LLP*
>
> *P.O. Box 1273*
>
> *601 W. Railroad Ave.*
>
> *Shelton, Wa. 98584*
>
> *360-426-5885*
> * swhite8893 at aol.com <swhite8893 at aol.com>*
>
>
>
> -----Original Message-----
> From: wsbarp-request <wsbarp-request at lists.wsbarppt.com>
> 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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> >
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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
> >
>
>
>
> Content-Type: text/plain; charset="us-ascii"
>
>
>
> 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>
>
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> NOTICE: The information contained in this electronic information
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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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> 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
>
>
>
>
>
>
>
> -------------- next part --------------
>
> An HTML attachment was scrubbed...
>
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> http://mailman.fsr.com/pipermail/wsbarp/attachments/20191209/2c26b856/attachment-0001.html
> >
>
>
>
> ------------------------------
>
>
>
> 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
>
> electronic communication encompassed by 18 USC 2510. It is for the sole use
>
> of the intended recipient and receipt by anyone other than the intended
>
> recipient does not constitute a loss of its confidential or privileged
>
> nature.  Any review or distribution by others is strictly prohibited. If
>
> you are not the intended recipient please inform the sender and destroy all
>
> copies.
>
>
>
>
>
> 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.***
>
> >
>
> > _______________________________________________
>
> > WSBARP mailing list
>
> > WSBARP at lists.wsbarppt.com
>
> > http://mailman.fsr.com/mailman/listinfo/wsbarp
>
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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
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> 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.***
>
>
>
> _______________________________________________
>
> 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,
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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 &
>
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