[WSBARP] Waste Statute of Limitations- Exceptions

[Kathleen Hopkins]

I concur.



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<http://www.rp-lawgroup.com/>


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Wednesday, February 13, 2019 1:46 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Waste Statute of Limitations- Exceptions

Thank you for pointing out that while we need to control the listserv, we certainly just went through a full discussion of trying to keep retired attorneys and the title company experts on this listserv.  Perhaps, a solution is to make only due-paying active members AND others allowed by a moderator to have access to the listserv.  And yes, I'm willing to pay extra for their sage advice by paying a higher section dues, if necessary.


[cid:image001.jpg at 01D4C3A4.62E3B4D0]



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 RebeccaWiess
Sent: Wednesday, February 13, 2019 12:54 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Waste Statute of Limitations- Exceptions

1. A member of the public shows up every five or six years wanting free advice on this listserv. Plays out about the same every time.
2. Lawyers are well aware that members of the public who carefully research their own legal issues can teach themselves a lot, and also that they tend to miss stuff - like a clear understanding of what "should have known" means in relation to the discovery rule for determining when a SOL is triggered or delayed.  When a client is paying for time, we educate them, including investing in the discussion that uncovers where they have gaps or misinformation. (Law school is three years for a reason - getting your brain around the seamless web is hard work.)
3. So when a member of the public thinks they have cleverly found a way to not pay for an attorney, most of the listsev should ignore them, individuals can choose to give free advice off list, and there should be a stock posting that directs members of the public elsewhere, like AVVO.
4. The bar referral panels do not work well for more specialized issues, like so many corners of real property law. There should be a better format to connect potential clients to individual attorney web pages that give practice details.
5. Remember the discussion just past that if you want to close the listserv except for bar members, you will also cut out many retired lawyers - do you want to lose that resource?

Rebecca K. Wiess
421 24th Avenue East
Seattle, WA  98112
Phone 206 329-6638
rwiess at foxinternet.net<mailto:rwiess at foxinternet.net>

________________________________
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Sara D. Longley
Sent: Wednesday, February 13, 2019 11:57 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Waste Statute of Limitations- Exceptions

Two points: first, no attorney here has actually done any particular research to determine what your rights are as regards your specific matter.  As such, it would be highly dangerous for you to rely on any general statement of the law you have received here.  Our advice to one another is predicated on the assumption that the recipient will do his/her own research into how a law or a case or some other attorney's experience applies to our own clients' situation.

Second, none of us signed up to provide free legal advice to people who are not our clients; if we wanted to do that we would hang around AVVO's lists instead.  I strongly encourage you to hire an attorney to consult on your matter and do the requisite research to give you an answer you can rely on.

All my best,
Sara Longley

[cid:image001.jpg at 01D1F8A6.19C81E60]
Sara D. Longley, J.D., LL.M.

LONGLEY LAW PLLC
1734 NW Market Street
Seattle, WA 98107
(206) 434-5644<tel:%28206%29%20434-5644>
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Dave B
Sent: Wednesday, February 13, 2019 11:21 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
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<mailto: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
[cid:image001.png at 01D31B65.31A26710]
The Law Offices of Michael W. Bugni & Associates, PLLC
11300 Roosevelt Way NE, Suite 300, Seattle, WA 98125
EMAIL: krichards at lawgate.net<mailto:krichards at lawgate.net>
TEL: 206-365-5500
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto: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<mailto: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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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<mailto: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
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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 Dave B
Sent: Tuesday, February 12, 2019 5:23 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<mailto: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<mailto:khopkins at rp-lawgroup.com>
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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.

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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 Dave B
Sent: Monday, February 11, 2019 1:07 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<mailto: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
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On Mon, Feb 11, 2019 at 10:32 AM Dave B <bmcdave85 at gmail.com<mailto: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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