[WSBARP] Fees on prescriptive easement claim

Wed May 1 16:50:03 PDT 2019

I believe this was the Div II case on that subject

https://www.courts.wa.gov/opinions/pdf/D2%2050998-9-II%20Published%20Opinion.pdf

Eric J. Lanza, J.D.

[cid:image002.png at 01D5003D.EB28EAB0]

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Gregory L. Ursich
Sent: Wednesday, May 1, 2019 4:31 PM
To: 'carl at greenawaylawfirm.com' <carl at greenawaylawfirm.com>; 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Fees on prescriptive easement claim
Importance: High

Carl: Recently Division One and Division Two of the Court of Appeals each issued published opinions on this exact issue, with one court finding fees could be awarded for a prescriptive easement, and one court saying "no" under the adverse possession statute.  Cannot remember right now the names or cites for these two cases. Probably heading for the Washington Supreme Court.

[ibdr2]

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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 Carl Gay
Sent: Wednesday, May 01, 2019 4:04 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Fees on prescriptive easement claim

See last paragraph of 2015 Division I unpublished case of Erbeck v. Springer for extension of RCW 7.28.083 (3) to prescriptive easement cases.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

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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 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
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