[WSBARP] WSBARP Digest, Vol 54, Issue 2

Mon Mar 4 15:50:05 PST 2019

Bryce,     To add to what Rick stated, the cost to log the trees is totally the burden of the client, who had no right to trade them for logging costs. Both the logger and  the client are liable for unlawful conversion. I am not sure the timber trespass cases apply as your client had the right(assuming it was reasonably necessary) to log, but did not have the right to convert them to his own use. In these circumstances, we ask the landowner what he/she wants done with them and try to reach an understanding. If not, then I tell the client to leave them on the ground out of the way.      I would have the logger tell you what he was paid for them(not stumpage as that takes into account the cost of  logging), and send the land owner a check ASAP.     Steve

Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com

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To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Mon, Mar 4, 2019 12:00 pm
Subject: WSBARP Digest, Vol 54, Issue 2

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Today's Topics:

  1. Grant County escrow (Douglas Scott)
  2. property rights in easement (Bryce Dille)
  3. Re: property rights in easement (Rick Hoss)
  4. Re: property rights in easement (Bryce Dille)

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Message: 1
Date: Sun, 3 Mar 2019 15:38:09 -0800
From: Douglas Scott <doug at rainieradvocates.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Grant County escrow
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Client is purchasing a business in Moses Lake (no real estate involved only
assumption of the lease) and would like the exchange of money and documents
to go through an escrow company or attorneys office.  Any suggestions?

*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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Message: 2
Date: Mon, 4 Mar 2019 18:48:36 +0000
From: Bryce Dille <Bryce at dillelaw.com>
To: "'wsbarp at lists.wsbarppt.com'" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] property rights in easement
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Holder of non exclusive easement to construct roads and utilities and drainfield installs the improvements  within the easement area and in process hires logger to remove the trees in order to construct easement facilities and cost of removal is more then value of trees. Now serviant property owner wants stumpage value of trees removed but logger says cost of removal was more then value of the trees. What if anything in this scenario is serviant estate holder entitled your collective wisdom would be appreciated

Please note my new contact information below

Bryce H. Dille | Attorney at Law
Dille Law, PLLC
P: 360-350-0270 | F: 844-210-4503
2010 Caton Way SW, Suite 101
Olympia, Washington 98502
www.dillelaw.com<http://www.dillelaw.com/>

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management
Business, Government and Tax Law
Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures

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Message: 3
Date: Mon, 4 Mar 2019 11:12:19 -0800
From: "Rick Hoss" <rhoss at hctc.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] property rights in easement
Message-ID: <00bd01d4d2be$30904f10$91b0ed30$@com>
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Bryce,

First, maybe something in the easement language or history addresses this.

Second, the servient owner can make all use of the servient land that is not
inconsistent with the rights of the dominant owner - Beebe v. Swerda, 58
Wn.App. 375, rev. den. 115 Wn.2d. 1025 (1990). The servient owner owns the
land and trees.

RCW 4.24.630 speaks of wrongful conduct causing triple damages for damage to
land that was not authorized. 

RCW 64.12.030 applies to anyone cutting on another's land without lawful
authority.

If the dominant owner needed a 15 foot wide road for access but cleared 30
feet wide then the servient owner has a claim.

Net logging proceeds are never the measure of damages to the timber owner.

Rick

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Monday, March 04, 2019 10:49 AM
To: 'wsbarp at lists.wsbarppt.com'
Subject: [WSBARP] property rights in easement

Holder of non exclusive easement to construct roads and utilities and
drainfield installs the improvements  within the easement area and in
process hires logger to remove the trees in order to construct easement
facilities and cost of removal is more then value of trees. Now serviant
property owner wants stumpage value of trees removed but logger says cost of
removal was more then value of the trees. What if anything in this scenario
is serviant estate holder entitled your collective wisdom would be
appreciated 

Please note my new contact information below

Bryce H. Dille | Attorney at Law

Dille Law, PLLC

P: 360-350-0270 | F: 844-210-4503

2010 Caton Way SW, Suite 101

Olympia, Washington 98502

www.dillelaw.com <http://www.dillelaw.com/> 

This transmission contains confidential attorney-client communications and
may not be disclosed to any person but the intended recipient(s).  If this
matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management

Business, Government and Tax Law

Real Estate and Land Use, Residential, Commercial and Condominium
Development Real Estate and Commercial Transactions & Closings, Including
Performing Services as IRS Section 1031 Exchange Facilitator Estate
Planning, including Wills and Trusts, and Probate Administration
Representation Homeowners/Condominium Association Real Estate Developments
Real Property Foreclosures and Forfeitures

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Message: 4
Date: Mon, 4 Mar 2019 19:40:17 +0000
From: Bryce Dille <Bryce at dillelaw.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] property rights in easement
Message-ID:
    <MWHPR11MB1311B98D7A5F1221AA27083DC8710 at MWHPR11MB1311.namprd11.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

In this case only the areas to be used for easement purposes had the trees removed from them. The property owner should receive  stumpage value of trees cut. As an option couldn't the  owner of dominant estate cut the trees and just left them in piles off the easement for owner to  sell or otherwise dispose of?

Please note my new contact information below

Bryce H. Dille | Attorney at Law
Dille Law, PLLC
P: 360-350-0270 | F: 844-210-4503
2010 Caton Way SW, Suite 101
Olympia, Washington 98502
www.dillelaw.com<http://www.dillelaw.com/>

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management
Business, Government and Tax Law
Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rick Hoss
Sent: Monday, March 4, 2019 11:12 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] property rights in easement

Bryce,
First, maybe something in the easement language or history addresses this.
Second, the servient owner can make all use of the servient land that is not inconsistent with the rights of the dominant owner - Beebe v. Swerda, 58 Wn.App. 375, rev. den. 115 Wn.2d. 1025 (1990). The servient owner owns the land and trees.

RCW 4.24.630 speaks of wrongful conduct causing triple damages for damage to land that was not authorized.
RCW 64.12.030 applies to anyone cutting on another's land without lawful authority.

If the dominant owner needed a 15 foot wide road for access but cleared 30 feet wide then the servient owner has a claim.
Net logging proceeds are never the measure of damages to the timber owner.
Rick
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Monday, March 04, 2019 10:49 AM
To: 'wsbarp at lists.wsbarppt.com'
Subject: [WSBARP] property rights in easement

Holder of non exclusive easement to construct roads and utilities and drainfield installs the improvements  within the easement area and in process hires logger to remove the trees in order to construct easement facilities and cost of removal is more then value of trees. Now serviant property owner wants stumpage value of trees removed but logger says cost of removal was more then value of the trees. What if anything in this scenario is serviant estate holder entitled your collective wisdom would be appreciated

Please note my new contact information below

Bryce H. Dille | Attorney at Law
Dille Law, PLLC
P: 360-350-0270 | F: 844-210-4503
2010 Caton Way SW, Suite 101
Olympia, Washington 98502
www.dillelaw.com<http://www.dillelaw.com/>

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management
Business, Government and Tax Law
Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures

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