[WSBARP] rock path

Tue Jun 25 14:53:45 PDT 2019

I would advise placing them on the other property. Avoid any claim for damages from the trespasser.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Nestor Gorfinkel <nestor at pplsweb.com>
Sent: Tuesday, June 25, 2019 11:17:18 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] rock path

True in most cases. PC says that neighbor called ICE on his landscapers and code enforcement for ome other issue.

Nestor Gorfinkel, Esq.- Sent from my Samsung Device

-------- Original message --------
From: Roger Moss <ram at pacific-ci.com>
Date: 6/25/19 10:08 AM (GMT-08:00)
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] rock path

And it takes a donkey to know one. The “victim” always has a role in the controversy. Always. I learned this from a business career, not in the Peace Corps.

Especially if your PC feels past nice aunt talk, all the more reason to invest in a holistic review from perspective of professional neutral (a real estate conflict resolution expert, not a volunteer from a DRC), along with contact by that person. Doing so would be a minimal investment of time and treasure, and will better position PC to get nasty later if that becomes inevitable.

Bobby Kennedy once reflected that it “would sure feel good to bomb the shit out of Cuba." He enjoyed the moment, then found another way to avert the crisis. Same principle applies with border disputes.

Roger A. Moss, Esq.
Pacific Conflict Intervention
206.790.1971 Seattle
415.371.9724 San Francisco
www.pacific-ci.com<http://www.pacific-ci.com>

Confidentiality Notice: The information in this e-mail (including attachments, if any) is considered confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone.

On Jun 25, 2019, at 9:32 AM, <nestor at pplsweb.com<mailto:nestor at pplsweb.com>> <nestor at pplsweb.com<mailto:nestor at pplsweb.com>> wrote:

Thanks for all your advice. However PC is past the nice aunt talk and he is dealing with a first class south end of a northbound donkey.

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 may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.

P Please consider the environment before printing this e-mail.

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 Rob Wilson-Hoss
Sent: Tuesday, June 25, 2019 9:01 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] rock path

I agree with Roger. As I tell my HOA clients, the first contact you make with someone with a potential violation has the primary purpose of making a friend for the association. Ask what they think. Be as gentle as you can. Make them appreciate your "help" getting them in compliance. As Roger says, you can always get aggressive later. A couple of documented attempts to be nice as pie always looks good to a judge, as well.

I call this my "favorite aunt" rule. Always treat the other side as you would want your favorite elderly aunt to be treated. At least until they themselves make that impossible.

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<mailto:rob at hctc.com>

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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 Roger Moss
Sent: Tuesday, June 25, 2019 8:04 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] rock path

What’s “best” depends on context - history of contact between the parties? Nature of the property? Is this an authentic boundary dispute, a misunderstanding, or possibly an action driven by confusion or illness?

Generally speaking, it is worth the effort to start gently, in order to avoid escalation of a "garden variety" dispute between neighbors.

Before moving rocks (and let's quantify things a bit - is this a gravel path or boulders set by a forklift?), your PC might consult with a professional neutral who provides conflict coaching in addition to other services. Did PC put the request in writing? If not, start there. PC should get help crafting the letter in soft language. Using a neutral to deliver the message can change up the conversation in remarkable ways.

One can always get aggressive if circumstances warrant. Advance efforts to actually be neighborly, to address the issue collaboratively, will be noticed by a judge if the matter ends up in court for some reason.

Roger A. Moss, Esq.
Pacific Conflict Intervention
206.790.1971 Seattle
415.371.9724 San Francisco
www.pacific-ci.com<http://www.pacific-ci.com/>

Confidentiality Notice: The information in this e-mail (including attachments, if any) is considered confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this e-mail is prohibited except by or on behalf of the intended recipient. If you have received this email in error, please notify me immediately by reply email, delete this email, and do not disclose its contents to anyone.

On Jun 25, 2019, at 7:06 AM, <nestor at pplsweb.com<mailto:nestor at pplsweb.com>> <nestor at pplsweb.com<mailto:nestor at pplsweb.com>> wrote:

PC’s neighbor placed some rocks creating a path which comes onto PC’s property. After advising neighbor to remove them and he refuses, is it best to remove them and dispose or just pile on clients property?

Client wants to pile on his property, but I am not sure which way to go. My gut says to allow PC to dispose as “abandoned” property.

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 may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.

P Please consider the environment before printing this e-mail.

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