[WSBARP] Waste Statute of Limitations- Exceptions

Kaitlyn Jackson kaitlyn at dimensionlaw.com
Wed Feb 13 11:36:20 PST 2019 

I know there’s discussion about making this listserve private or limited to practicing lawyers since it’s intended use is to share knowledge and experience so that we can better serve our clients or potential clients. 

I don’t relish the idea of removing or limiting access to the listserve as I didn’t think it was abused by anyone...at least, not until recently. This is why we can’t have nice things. 

Kaitlyn


Sent from my iPhone

> On Feb 13, 2019, at 11:20 AM, Dave B <bmcdave85 at gmail.com> wrote:
> 
> Kerry,
> 
> I can see your point, though I must point out that my question seems commensurate with other legal issues I've seen discussed on this list, presumably for free. The main issue seems to be that I am not a lawyer and I'm daring to seek discussion on this issue. For what it's worth I've had two attorneys indicate that the statue of limitations runs when the discovery takes place, or "reasonably" would have as previously mentioned, so they at least notionally they agree with me. It's just that they've provided cause for me to question the fullness of their understanding so I was hoping to get just a little bit more information from the wealth of experience that is this list.
> 
>> On Wed, Feb 13, 2019 at 10:59 AM Kerry Richards <krichards at lawgate.net> wrote:
>> Dear Dave B:
>> 
>> As Abraham Lincoln stated long ago, “A lawyer’s time is his stock in trade”. You are seemingly unwilling to hire a lawyer to secure the advice you require for your personal situation. Trying to find an opinion that suits you from this list serve is similar to seeking new snow tires for your car while refusing to pay the retailer. It just does not work that way. My fellow list members have been nothing but polite, however, it is time for you to spend some of your money to protect your interests, if in fact you have interests to protect. Hire a lawyer and spend money seeking their opinion. You will find the money well spent.
>> 
>> Yours Truly,
>> 
>>  
>> 
>> Kerry A. Richards, Attorney
>> 
>> <image001.png>
>> 
>> The Law Offices of Michael W. Bugni & Associates, PLLC
>> 
>> 11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125
>> 
>> EMAIL: krichards at lawgate.net
>> 
>> TEL: 206-365-5500
>> 
>> WEB: www.lawgate.net
>> 
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>> From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Dave B
>> Sent: Wednesday, February 13, 2019 10:11 AM
>> To: WSBA Real Property Listserv
>> Subject: Re: [WSBARP] Waste Statute of Limitations- Exceptions
>> 
>>  
>> 
>> Anyone can sign up and there is no moderator approval or probationary period required. If you guys are paying dues for this you should lock that down to keep the plebeians like me out of your sandbox...
>> 
>>  
>> 
>> On Wed, Feb 13, 2019 at 10:06 AM Justin Monro <justinm at monrolawfirm.com> wrote:
>> 
>> Maybe I missed something in the transfer on this listserve. But why are non-members (public) of WSBARPPT allowed to contact this list serve and request legal advice?  Don’t we pay dues to be members of this listserve exclusively through the WSBA?
>> 
>>  
>> 
>> Thank you,
>> 
>>  
>> 
>> Justin Monro
>> 
>> Attorney at Law
>> 
>>  
>> 
>> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kathleen Hopkins
>> Sent: Wednesday, February 13, 2019 9:49 AM
>> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>> Subject: Re: [WSBARP] Waste Statute of Limitations- Exceptions
>> 
>>  
>> 
>> I recommend you go to Avvo.com; they have a general question board that is open to the public and you can ask specific legal advice questions; this listserv is not the appropriate forum for specific legal advice.
>> 
>>  
>> 
>> Best of luck.
>> 
>>  
>> 
>> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Dave B
>> Sent: Wednesday, February 13, 2019 7:32 AM
>> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>> Subject: Re: [WSBARP] Waste Statute of Limitations- Exceptions
>> 
>>  
>> 
>> Unincorporated Snohomish county, called the snoco bar referral to a similar response. 
>> 
>>  
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>> On Wed, Feb 13, 2019, 6:58 AM G. Geoffrey Gibbs <ggibbs at andersonhunterlaw.com wrote:
>> 
>> Is the case King County (or where) ?
>> 
>>  
>> 
>> G. Geoffrey Gibbs | Anderson Hunter Law Firm 
>> 2707 Colby Avenue, Ste. 1001  Everett, WA  98201
>> 
>> PO Box 5397, Everett, WA  98206-5397 
>> Phone: (425) 252-5161 | Fax: (425) 258-3345 
>> ggibbs at andersonhunterlaw.com / www.andersonhunterlaw.com
>> 
>> Error! Filename not specified.
>> 
>> This email message may contain confidential and privileged information.  Any unauthorized use is prohibited.  If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.
>> 
>>  
>> 
>> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Dave B
>> Sent: Tuesday, February 12, 2019 5:23 PM
>> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>> Subject: Re: [WSBARP] Waste Statute of Limitations- Exceptions
>> 
>>  
>> 
>> Indeed, I already have and was told there's not really anyone who specializes in waste/timber trespass of that nature. One attorney I've contacted was very interested, but seems to not have read the statutes they quoted in reply (not recognizing the waste statute allows trebel damages), though they did seem to agree about the statute of limitations. The best recommendation I got was for an attorney representing my neighbor I'm already having a dispute with... So I'm feeling kind of stuck now.
>> 
>> On Tue, Feb 12, 2019, 5:06 PM Kathleen Hopkins <khopkins at rp-lawgroup.com wrote:
>> 
>> I recommend contacting the King County Bar Legal Referral Service for the name of a real estate lawyer you might hire to help you with that question.
>> 
>>  
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>>  
>> 
>>  
>> 
>> Kathleen J. Hopkins
>> 
>> Real Property Law Group, PLLC
>> 
>> 1326 Fifth Avenue, Suite 654
>> 
>> Seattle, WA 98101
>> 
>> Phone & Fax: (206) 625-0404
>> 
>> email: khopkins at rp-lawgroup.com
>> 
>> www.rp-lawgroup.com
>> 
>>  
>> 
>>  
>> 
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>>  
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>>  
>> 
>> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Dave B
>> Sent: Monday, February 11, 2019 1:07 PM
>> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
>> Subject: Re: [WSBARP] Waste Statute of Limitations- Exceptions
>> 
>>  
>> 
>> Naturally I would argue the latter, but that also seems to be the case from what I've found so far regarding timber trespass. It would seem inappropriate a developer is allowed to knowingly commit waste on adjacent properties and simply hope no one notices for three years. Thanks for the reply.
>> 
>>  
>> 
>> Dave
>> 
>>  
>> 
>> On Mon, Feb 11, 2019 at 12:24 PM Douglas Scott <doug at rainieradvocates.com> wrote:
>> 
>> Your legal question is:   did the requisite statute of limitations occur when the trees were cut or did it start upon the discovery or when a discovery should have reasonably been made? The answer would require some research. 
>> 
>> DOUGLAS W. SCOTT
>> 
>> Rainier Legal Advocates|LLC
>> 
>>  
>> 
>> Eastside Office
>> 
>> 465 Rainier Blvd. N., Suite C | Issaquah, Washington 98027 | 425.392.8550 (tel) | 425.392.2829 (fax)
>> 
>>  
>> 
>> Seattle Office
>> 
>> 12055 15th Ave NE | Seattle, Washington 98125 | 206.552.0785 (tel)
>> 
>>  
>> 
>> www.rainieradvocates.com f/k/a
>> 
>> www.davisscottlaw.com
>> 
>>  
>> 
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>> 
>> On Mon, Feb 11, 2019 at 10:32 AM Dave B <bmcdave85 at gmail.com> wrote:
>> 
>> Hello, I came across this list and was hoping I could impose for some opinions. I'm a homeowner in Snohomish County and have been doing research for a dispute I'm having with a neighbor. As a result I've discovered waste was committed on my property by the developer of several properties adjacent to mine, they removed several significant boundary trees I was previously unaware were on my property. I've found the site condition maps done at the time that clearly document the tree locations, but the removal occurred about 5 years ago. I'm wondering if I would still have an opportunity to bring action against the developer since I've only just discovered the injury? Thank you.
>> 
>>  
>> 
>> Dave
>> 
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