[WSBARP] Fees on prescriptive easement claim

Wed May 1 15:59:37 PDT 2019

To be more specific:

Attorney fee provision governing an award of attorney fees to a prevailing party in a dispute over an assertion of title to real property did not apply in dispute over a prescriptive easement brought by owner of purported dominant estate against owner of purported servient estate regarding a water distribution system and related water lines, in which owner of purported servient estate prevailed; easement claim was an assertion of a property interest, and not a title to property.   <https://1.next.westlaw.com/Link/Document/FullText?findType=Y&serNum=2045975561&pubNum=0004645&originatingDoc=N7CB5D980A2F311E099B2FD105CCE7444&refType=RP&originationContext=notesOfDecisions&contextData=%28sc.Category%29&transitionType=NotesOfDecisionItem> McColl v. Anderson (2018) 429 P.3d 1113. 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
 <mailto:rob at hctc.com> rob at hctc.com

This message is intended solely for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  If you are not the addressee, you are hereby notified that any use, distribution, or copying of this message is strictly prohibited.  If you received this message in error, please notify us by reply e-mail or by telephone (call us collect at the number listed above) and immediately delete this message and any and all of its attachments.  Thank you.

This office does debt collection and this e-mail may be an attempt to collect a debt, Any information obtained will be used for that purpose.  To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) applies this firm is acting as a debt collector for the condominium/homeowners' association named above to collect a debt owed to it. Any information obtained will be used for collection purposes. You have the right to seek advice of legal counsel.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Wilson-Hoss
Sent: Wednesday, May 01, 2019 3:50 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Fees on prescriptive easement claim

Recent case says no. Earlier case said yes.

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
 <mailto:rob at hctc.com> rob at hctc.com

This message is intended solely for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  If you are not the addressee, you are hereby notified that any use, distribution, or copying of this message is strictly prohibited.  If you received this message in error, please notify us by reply e-mail or by telephone (call us collect at the number listed above) and immediately delete this message and any and all of its attachments.  Thank you.

This office does debt collection and this e-mail may be an attempt to collect a debt, Any information obtained will be used for that purpose.  To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) applies this firm is acting as a debt collector for the condominium/homeowners' association named above to collect a debt owed to it. Any information obtained will be used for collection purposes. You have the right to seek advice of legal counsel.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Catherine Clark
Sent: Wednesday, May 01, 2019 3:42 PM
To: WSBA Real Property Listserv
Subject: [WSBARP] Fees on prescriptive easement claim

Has anyone been able to successfully claim attorneys fees under RCW 7.28.083 on a claim for prescriptive easement?

The statute says adverse possession which on its face does not say prescriptive easement.

But then there are those cases that say the law of AP and PE are read in pari materia 

Thanks

Catherine “Cat” Clark

Law Office of Catherine C. Clark PLLC

2200 Sixth Avenue, Suite 1250

Seattle, WA 98121

Phone:  (206) 838-2528

Cell:  (206) 409-8938

Fax: (206) 374-3003

Email:  cat at loccc.com

NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited.  If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.

  _____  

 <https://www.avg.com/internet-security> Image removed by sender. AVG logo

This email has been checked for viruses by AVG antivirus software. 
www.avg.com <https://www.avg.com/internet-security>  

---
This email has been checked for viruses by AVG.
https://www.avg.com
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190501/838e05d2/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: ~WRD011.jpg
Type: image/jpeg
Size: 823 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190501/838e05d2/WRD011.jpg>