[WSBARP] Waste Statute of Limitations- Exceptions

Wed Feb 13 11:36:08 PST 2019

A main reason, as I understand it, for this listserve, is to save money for clients who have hired attorneys, which happens all the time in my practice.  I can turn to fellow attorneys who have in the past received helpful suggestions (hopefully) from me and that  saved them time in the past.  I know my clients have saved thousands of dollars through the years, because of the listserve, where frequently I can get a good idea, or some case citation etc.  quickly rather than only after a few hours of research.  Of course, there are frequently times when the inquiry doesn’t solve the problem, but a discussion will reveal other sides to the same issue.  We aren’t trying to help ourselves, we are trying to help our clients.

Joshua F. Grant

P. O. Box 619
Wilbur, WA 99185
509 647 5578

From: Dave B 
Sent: Wednesday, February 13, 2019 11:20 AM
To: WSBA Real Property Listserv 
Subject: Re: [WSBARP] Waste Statute of Limitations- Exceptions

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

  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

  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. 

    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. 

        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 

        This message is protected by the attorney-client privilege and the work-product doctrine; if you are not the intended recipient of this message please let the sender know you received it in error and please delete this message.  Thank you.

        Pursuant to U.S. Treasury Regulations concerning tax practice, you are advised that this message is not intended or written to be used, and it cannot be used, by anyone for the purpose of avoiding penalties that may be imposed under any tax laws; or promoting, marketing or recommending to another party any transaction or matter addressed herein.  

        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

          Notice: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege

          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

            ***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

          ***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

        ***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

      ***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

    ***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

  ***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

--------------------------------------------------------------------------------
***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
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190213/c2f19aef/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: advocates[3].png
Type: image/png
Size: 7674 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190213/c2f19aef/advocates3-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 45232 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190213/c2f19aef/image001-0001.png>