[WSBARP] RR ROW

[Chris B]

Thanks Greg, Good to hear from you. I saw your name on the letterhead at IB!

CTB

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Gregory L. Ursich
Sent: Wednesday, July 10, 2019 2:01 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] RR ROW

Chris: A lot of those old railroad right of ways contain reversionary language to the original grantor (presumably your client is a successor) when it ceases to be used as a railroad.  If that is not the case; I would try to figure out which railroad currently holds the rights and contact them directly to negotiate a resolution.  A guy named Stephen Graddon, who I think is located in South King County, does historical research on railroad titles and he may be able to assist.

[ibdr2]

Gregory L. Ursich | Shareholder
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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 Chris B
Sent: Wednesday, July 10, 2019 1:20 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] RR ROW

I have a client whose property encroaches onto an old RR right of way (by which I mean improvements including pavement and a retaining wall).  I've quickly looked at some old cases that seem to indicate that one can't adversely possess part of a RR ROW.  Does anyone have a contrary view?  The cases I've looked at are about 100 years old.

Thanks.

Chris Benis
Hecker, Wakefield & Feilberg, P.S.
321 First Avenue, Seattle, WA  98199
206.447-1900 office - 206.447.9075 fax - heckerwakefield.com<http://harrison-benis.com/>

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