[WSBARP] Fees on prescriptive easement claim

[Carl Gay]

See last paragraph of 2015 Division I unpublished case of Erbeck v. Springer
for extension of RCW 7.28.083 (3) to prescriptive easement cases.

Don’t know if that’s still good law

 

CARL LLOYD GAY  

 

what counts in life is what we do for others

               

GREENAWAY, GAY, MEDINA & MYERS

Attorneys and Counselors at Law                     

734 East First Street       Suite A

Port Angeles, Washington   98362

Email                       <mailto:carl at greenawaylawfirm.com>
carl at greenawaylawfirm.com

Telephone               (360) 452-3323


Facsimile                  (360) 452-3724 

 

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Catherine Clark
Sent: Wednesday, May 1, 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

 

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