[WSBARP] WSBARP Digest, Vol 75, Issue 13
Stephen Whitehouse
swhite8893 at aol.com
Tue Dec 15 11:13:57 PST 2020
Inge, I agree with the idea of not selling the tidelands. You could give the buyer an easement to access the tidelands but specify they are not to interfere with the shellfish operations. You do have to consider access to the tidelands, but it could be solely by water. You also need to understand where the tidelands begin and end. If the patent was issued after statehood, then the dividing line is ordinary high water. If before, it is the meander line. If your patent was issued after statehood, November of 1889, but within a few years of that, then you need to check further. The actual vesting date is the date of the receiver's receipt which can be obtained from the National Archives. If you need to locate the meander line, only a surveyor can tell you where it is, and is a more involved process, and more expensive, than a regular survey.
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com
-----Original Message-----
From: wsbarp-request at lists.wsbarppt.com
To: wsbarp at lists.wsbarppt.com
Sent: Tue, Dec 15, 2020 10:53 am
Subject: WSBARP Digest, Vol 75, Issue 13
Send WSBARP mailing list submissions to
wsbarp at lists.wsbarppt.com
To subscribe or unsubscribe via the World Wide Web, visit
http://mailman.fsr.com/mailman/listinfo/wsbarp
or, via email, send a message with subject or body 'help' to
wsbarp-request at lists.wsbarppt.com
You can reach the person managing the list at
wsbarp-owner at lists.wsbarppt.com
When replying, please edit your Subject line so it is more specific
than "Re: Contents of WSBARP digest..."
Today's Topics:
1. Selling Property & Retaining Tideland Rights (Inge Fordham)
2. PC - Social Security of Deceased sister (Kaitlyn Jackson)
3. Landlord Question (Sangeeta Saigal)
4. Re: Selling Property & Retaining Tideland Rights
(mlstone at rockisland.com)
5. Re: Selling Property & Retaining Tideland Rights (Roger Moss)
6. Re: Landlord Question (Rowley, Rob)
7. Re: Selling Property & Retaining Tideland Rights
(Annie Fitzsimmons)
8. i/s/o Responsive HI Real Property Attorney (Jeremy)
9. Landlord Question (Roger Moss)
10. Re: Selling Property & Retaining Tideland Rights (Kailei Feeney)
11. Re: i/s/o Responsive HI Real Property Attorney
(Virginia Antipolo-Utt)
12. Re: Landlord Question (Jennifer L White)
----------------------------------------------------------------------
Message: 1
Date: Mon, 14 Dec 2020 21:49:56 +0000
From: Inge Fordham <inge at fordhamlegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Selling Property & Retaining Tideland Rights
Message-ID: <391D151B-FF62-4ACB-9FA9-B559BE447859 at fordhamlegal.com>
Content-Type: text/plain; charset="utf-8"
Colleagues,
A PC contacted me with an interesting situation. She has a waterfront house with tideland rights and a contract to sell shellfish. She wishes to sell the property but retain the tideland rights and the contract. Is this even possible? I can think of folks who retain mineral rights but tideland rights may be a whole separate bag of worms.
Thanks in advance!
[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>
Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201214/5769e394/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 358106 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201214/5769e394/image001-0001.png>
------------------------------
Message: 2
Date: Mon, 14 Dec 2020 16:55:01 -0800
From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] PC - Social Security of Deceased sister
Message-ID:
<CAO+NF_7TGiZKHAz+sEUsBbESuQvP+3Pj2fYOrL0hNOc_UAk9yw at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
Listmates -
I think I need an Elder Law attorney but I'm not quite sure where to refer
out this case.
PC's sister passed away without a spouse, children, or a will. PC's brother
found out that her previous assisted living arrangement had collected about
10 social security checks and nobody knew they had them and they went
uncashed. They sent them back to social security and social security won't
release them to PC. There's also a bank account in deceased sister's name
that PC is trying to gain possession of. PC doesn't want assets to escheat
to the state.
Anyone want to check this out? I'll send all referrals (self-referrals
welcome).
--
Thank you,
Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *kaitlyn at dimensionlaw.com*|
www.dimensionlaw.com
Covid-19 Update - Dimension Law Group remains available to serve our
clients and the public during this time, subject to the orders and
recommendations of government authority.
All attorneys and staff are working remotely regular business hours and are
available via email and by phone. Videoconferencing also is available. We
will continue to advise and support our clients throughout this health
emergency.
--
PRIVILEGED AND CONFIDENTIAL:??This e-mail (including any attachments) is
intended only for the use of the individual or entity named above and may
contain privileged or confidential information. If you are not the intended
recipient, or the employee or agent responsible to deliver it to the
intended recipient, you are notified that any review, dissemination,
distribution or copying of this e-mail is prohibited. Attempts to intercept
this message are in violation of 18 USC 2511(1) of the Electronic
Communications Privacy Act, which subjects the interceptor to fines,
imprisonment and/or civil damages. If you have received this e-mail in
error, please immediately notify us by e-mail, facsimile, or telephone;
return the e-mail to us at the e-mail address below; and destroy all paper
and electronic copies.?Any settlement offer contained herein is made
pursuant to Washington ER 408, and without admitting fault or liability on
the part of this firm?s client(s) or its agents.??IRS?CIRCULAR?230
DISCLAIMER:??To ensure compliance with requirements imposed by the IRS, I
inform you that any U.S. tax advice contained in this communication
(including any attachments) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the
Internal Revenue Code; or (ii) promoting, marketing or recommending to
another party any transaction or tax-related matter addressed herein.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201214/1bb9837f/attachment-0001.html>
------------------------------
Message: 3
Date: Tue, 15 Dec 2020 05:22:29 +0000
From: Sangeeta Saigal <attorney at sangeetasaigal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Landlord Question
Message-ID: <9DCBC67B-D65F-4E33-B839-3B4731E1C60B at sangeetasaigal.com>
Content-Type: text/plain; charset="utf-8"
Hello Landlord Gurus,
I understand that there is a moratorium against evictions until December 31st.
According to how I understand the proclamation this moratorium applies to tenants who have lost their jobs or source of income related to Covid.
Question:
If a residential tenant has not lost their source of income ie. On govt assistance and they are not paying the rent does the moratorium against no eviction rule apply to them.
How best to approach such tenant who seems to be taking advantage of the moratorium.
Any advice would be really appreciated.
Sangeeta
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/4cfdeb33/attachment-0001.html>
------------------------------
Message: 4
Date: Tue, 15 Dec 2020 07:51:49 -0400
From: <mlstone at rockisland.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
Message-ID: <00ce01d6d2d8$ad062bc0$07128340$@rockisland.com>
Content-Type: text/plain; charset="utf-8"
If the tidelands are a separate tax parcel, and she is the owner of that tax parcel, then she can sell the uplands and retain ownership of the tidelands.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Monday, December 14, 2020 5:50 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Selling Property & Retaining Tideland Rights
Colleagues,
A PC contacted me with an interesting situation. She has a waterfront house with tideland rights and a contract to sell shellfish. She wishes to sell the property but retain the tideland rights and the contract. Is this even possible? I can think of folks who retain mineral rights but tideland rights may be a whole separate bag of worms.
Thanks in advance!
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com <http://www.fordhamlegal.com>
Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/3c5233af/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 19490 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/3c5233af/image001-0001.png>
------------------------------
Message: 5
Date: Tue, 15 Dec 2020 06:30:06 -0800
From: Roger Moss <ram at rinconres.org>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
Message-ID: <9C5A9CCC-8CA2-46AA-B42B-AA0DF8C95CDB at rinconres.org>
Content-Type: text/plain; charset="us-ascii"
It may be easier for seller to take back a long-term agricultural-style lease that provides for variable payments to new owner based on crop yields.
Roger A. Moss
Mediation Counsel
Rincon Resolutions LLC
206.790.1971 Seattle
415.371.9724 San Francisco
RinconRes.org
Confidential Correspondence
The information in this e-mail (including attachments, if any) is considered privileged and/or 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 Dec 14, 2020, at 1:49 PM, Inge Fordham <inge at fordhamlegal.com> wrote:
>
> Colleagues,
>
> A PC contacted me with an interesting situation. She has a waterfront house with tideland rights and a contract to sell shellfish. She wishes to sell the property but retain the tideland rights and the contract. Is this even possible? I can think of folks who retain mineral rights but tideland rights may be a whole separate bag of worms.
>
> Thanks in advance!
>
>
> <image001.png>
> Inge A. Fordham | Attorney
> Fordham Law, PLLC
> 3218 Sixth Avenue | Tacoma, WA 98406
> Office: (253) 348-2657 | Mobile: (206) 778-3131
> www.fordhamlegal.com <http://www.fordhamlegal.com/>
>
> Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbarp <http://mailman.fsr.com/mailman/listinfo/wsbarp>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/3e3b5a7a/attachment-0001.html>
------------------------------
Message: 6
Date: Tue, 15 Dec 2020 06:49:23 -0800
From: "Rowley, Rob" <rob at rowleylegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question
Message-ID:
<CAONTfDn68_pzUSad93ha3Kvaz9wHPOHA=aC0GHcf8u9Q8jRkbQ at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"
As I tell my landlord clients we lawyers don't like guaranteeing anything
but there is one thing I will guarantee is that the Governor will extend
the moratorium sometime into 2021.
Also, I suspect that Pres. Biden (once in office) will also extend the
CDC moratorium which is scheduled to lapse on December 31 which is only for
nonpayment of rent.
You also have to look at your local county to see if they are part of the
Eviction Resolution Program. Spokane County where I am based out of is a
part of the ERP and eventually once the moratorium is lifted we have to
participate in the program.
http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
Also, the upcoming legislative session has a number of bills which will be
filed which will essentially make it near impossible to evict a for rent
(or anything) anytime soon (month to month goes away for a while). Who
knows what actually will pass as law is a different question. Two things
that you never want to see being made is sausage and law.
Summary:
https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
If I'm a betting man I would say the Legislature will pass some very tenant
friendly provisions tied to the governor lifting the moratorium. In other
words, let the Legislature take the flak from those unpaid landlords.
Interesting times we live in.
Rob Rowley
Spokane
On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal <attorney at sangeetasaigal.com>
wrote:
> Hello Landlord Gurus,
>
>
>
> I understand that there is a moratorium against evictions until December 31
> st.
>
>
>
> According to how I understand the proclamation this moratorium applies to
> tenants who have lost their jobs or source of income related to Covid.
>
>
>
> Question:
>
>
>
> If a residential tenant has not lost their source of income ie. On govt
> assistance and they are not paying the rent does the moratorium against no
> eviction rule apply to them.
>
>
>
> How best to approach such tenant who seems to be taking advantage of the
> moratorium.
>
>
>
> Any advice would be really appreciated.
>
>
>
> Sangeeta
>
>
>
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
--
Robert R Rowley
Attorney & Counselor at Law
(509) 252-5074 (509) 994-1143
(509) 928-3084 rowleylegal.com <http://www.rowleylegal.com/>
rob at rowleylegal.com
Helping You Protect What Matters Most
<https://www.facebook.com/rowleylegal>
<https://www.twitter.com/ROBERTRROWLEY>
*Practice concentrated on business, real estate and general legal matters
in Washington and Idaho. *
NOTICE: The contents of this message and any attachments may be protected
by the attorney-client privilege, work product doctrine or other applicable
protections. If you are not the intended recipient or have received this
message in error, please notify the sender and promptly delete the message.
Thank you for your assistance. DISCLAIMER: You should recognize that
responses provided by e-mail means are akin to ordinary telephone or
face-to-face conversations and do not reflect the level of factual or legal
inquiry or analysis which would be applied in the case of a formal legal
opinion. A formal opinion may very well reach a different conclusion.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/6c9c7f03/attachment-0001.html>
------------------------------
Message: 7
Date: Tue, 15 Dec 2020 07:51:39 -0800 (PST)
From: Annie Fitzsimmons <atfitz at comcast.net>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>, Roger
Moss <ram at rinconres.org>
Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
Message-ID: <243823441.144523.1608047500266 at connect.xfinity.com>
Content-Type: text/plain; charset="utf-8"
I handled a transaction like this several years ago where the seller retained the right to proceeds from the crop that was planted and after that, had no ongoing rights in the tidelands or a shellfish lease.
Annette T. Fitzsimmons P.S.
P.O. Box 430
Belfair, WA 98528
> On 12/15/2020 6:30 AM Roger Moss <ram at rinconres.org> wrote:
>
>
> It may be easier for seller to take back a long-term agricultural-style lease that provides for variable payments to new owner based on crop yields.
>
> Roger A. Moss
> Mediation Counsel
> Rincon Resolutions LLC
> 206.790.1971 Seattle
> 415.371.9724 San Franciscohttp://RinconRes.org
>
>
> Confidential Correspondence
> The information in this e-mail (including attachments, if any) is considered privileged and/or 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 Dec 14, 2020, at 1:49 PM, Inge Fordham < inge at fordhamlegal.com mailto:inge at fordhamlegal.com > wrote:
> > Colleagues,
> >
> > A PC contacted me with an interesting situation. She has a waterfront house with tideland rights and a contract to sell shellfish. She wishes to sell the property but retain the tideland rights and the contract. Is this even possible? I can think of folks who retain mineral rights but tideland rights may be a whole separate bag of worms.
> >
> > Thanks in advance!
> >
> >
> > <image001.png>
> > Inge A. Fordham | Attorney
> > Fordham Law, PLLC
> > 3218 Sixth Avenue | Tacoma, WA 98406
> > Office: (253) 348-2657 | Mobile: (206) 778-3131
> > www.fordhamlegal.com http://www.fordhamlegal.com/
> >
> > Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
> > ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
> >
> > _______________________________________________
> > WSBARP mailing list
> > WSBARP at lists.wsbarppt.com mailto:WSBARP at lists.wsbarppt.com
> > http://mailman.fsr.com/mailman/listinfo/wsbarp
> >
> > >
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/24905cf5/attachment-0001.html>
------------------------------
Message: 8
Date: Tue, 15 Dec 2020 17:10:56 +0000
From: Jeremy <jeremy at basalt.legal>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: Morgan Lawless <morgan at basalt.legal>
Subject: [WSBARP] i/s/o Responsive HI Real Property Attorney
Message-ID:
<MWHPR18MB1087031415E7AE1FEE697F7DB2C60 at MWHPR18MB1087.namprd18.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Any recommendations for a good Hawaii real estate attorney? Thanks!
Very truly yours,
Jeremy Scott Hyndman, Esq.
Managing Attorney
[Basalt Legal Logo]
6 1/2 N. 2nd Avenue, Suite 200
Walla Walla, WA 99362
T: 509.529.0630
F: 509.525.0630
www.basalt.legal<http://www.basalt.legal/>
The information contained in this message may be privileged and confidential, and is intended to be used only by the recipient or the recipient's authorized agent. Any unauthorized use or distribution may be prohibited by law. If you have received this message in error, please notify the sender and immediately delete the message, and any attachments, from your files.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/80a244ef/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2831 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/80a244ef/image001-0001.jpg>
------------------------------
Message: 9
Date: Tue, 15 Dec 2020 09:50:45 -0800
From: Roger Moss <ram at rinconres.org>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Landlord Question
Message-ID: <BF14D9C4-5E8E-4CCF-BD5F-5EC8BD4BEC14 at rinconres.org>
Content-Type: text/plain; charset="utf-8"
> How best to approach such tenant who seems to be taking advantage of the moratorium.
Sangeeta,
Possible answers depend on hearing information not in your question. And for the reasons Rob Rowley laid out this morning, ?approaches? at this time should be elliptical, grounded in sleuthing and soft skills, more than other things.
Consider consulting with a professional neutral experienced in tenant - landlord dispute navigation.
Roger A. Moss
Mediation Counsel
Rincon Resolutions LLC
206.790.1971 Seattle
415.371.9724 San Francisco
RinconRes.org
Confidential Correspondence
The information in this e-mail (including attachments, if any) is considered privileged and/or 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 Dec 14, 2020, at 9:22 PM, Sangeeta Saigal <attorney at sangeetasaigal.com> wrote:
>
> Hello Landlord Gurus,
>
> I understand that there is a moratorium against evictions until December 31st.
>
> According to how I understand the proclamation this moratorium applies to tenants who have lost their jobs or source of income related to Covid.
>
> Question:
>
> If a residential tenant has not lost their source of income ie. On govt assistance and they are not paying the rent does the moratorium against no eviction rule apply to them.
>
> How best to approach such tenant who seems to be taking advantage of the moratorium.
>
> Any advice would be really appreciated.
>
> Sangeeta
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
> http://mailman.fsr.com/mailman/listinfo/wsbarp <http://mailman.fsr.com/mailman/listinfo/wsbarp>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/118a6280/attachment-0001.html>
------------------------------
Message: 10
Date: Tue, 15 Dec 2020 17:53:34 +0000
From: Kailei Feeney <kailei at westseattlelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
Message-ID:
<MW3PR22MB2266ABE207CA70160FC36595A7C60 at MW3PR22MB2266.namprd22.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
Agreed ? it will depend on the parcels, a lot in our state have tidelands and adjacent property as separate TPNs. If so, then also ensuring your client has or creates a necessary grant of access prior to sale will likely be important.
Kailei
Kailei B. Feeney
Attorney-at-Law
[cid:image002.jpg at 01D6D2C8.256FBBA0]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
kailei at westseattlelaw.com<mailto:kailei at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.com/>
For your planning, our office will be closed December 24, 25 and 31 and January 1, 4 and 5.
For the latest information regarding firm operations and precautions in light of the Coronavirus please visit our firm?s website: www.WestSeattleLaw.com<http://www.westseattlelaw.com/>.
Click here to connect with de Vrieze | Carney on Facebook: [FB Logo] <https://www.facebook.com/DeVriezeCarney>
CONFIDENTIAL & PRIVILEGED. This e-mail message may contain legally privileged and/or confidential information. If you have received this e-mail in error, please notify the sender immediately and delete all copies of this e-mail message and any attachment. Unless you have previously signed an engagement agreement with this firm, and the firm has accepted you as a client, NO exchange of information by virtue of emails or communications will create any attorney client relationship, including any duty of confidentiality, between sender and/or recipient.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of mlstone at rockisland.com
Sent: Tuesday, December 15, 2020 3:52 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Selling Property & Retaining Tideland Rights
If the tidelands are a separate tax parcel, and she is the owner of that tax parcel, then she can sell the uplands and retain ownership of the tidelands.
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 Inge Fordham
Sent: Monday, December 14, 2020 5:50 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Selling Property & Retaining Tideland Rights
Colleagues,
A PC contacted me with an interesting situation. She has a waterfront house with tideland rights and a contract to sell shellfish. She wishes to sell the property but retain the tideland rights and the contract. Is this even possible? I can think of folks who retain mineral rights but tideland rights may be a whole separate bag of worms.
Thanks in advance!
[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>
Confidential Communication: This email is sent to a recipient on behalf of an attorney/law firm, and is information intended exclusively for the individual, entity or company to which it is sent. This communication may contain proprietary, privileged or confidential information or may otherwise be legally exempt from disclosure other than to the intended recipient. If you are not the named addressee, you are not authorized to read, print, retain, copy or otherwise disseminate this message or any part of it. If you have received this email in error, please notify the sender immediately by email or other communication and delete all copies of the message.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/e82c6ce6/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 4722 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/e82c6ce6/image002-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 7560 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/e82c6ce6/image003-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 14889 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/e82c6ce6/image004-0001.png>
------------------------------
Message: 11
Date: Tue, 15 Dec 2020 18:04:18 +0000
From: Virginia Antipolo-Utt <virginia at aplawfirm.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] i/s/o Responsive HI Real Property Attorney
Message-ID:
<MWHPR04MB048123FBAE6E366A334287C0CBC60 at MWHPR04MB0481.namprd04.prod.outlook.com>
Content-Type: text/plain; charset="us-ascii"
Robert Triantos in Kailua Kona, HI.
Virginia C. Antipolo-Utt
Antipolo & Paul Law Firm, P.S.
2825 Colby Avenue, Suite 301
Everett, WA 98201
(425) 303-9100, ext. 111
(425) 258-9685 (fax)
virginia at aplawfirm.com<mailto:virginia at aplawfirm.com>
_______________________________________
Under recently issued IRS regulations, we must inform you that any US tax advice contained in this message was not intended or written to be used, and cannot be used, for the purpose of avoiding penalties that may be imposed under federal tax law. By regulation, a taxpayer cannot rely on professional advice to avoid federal tax penalties unless that advice is reflected in a comprehensive tax opinion that conforms to strict requirements.
_______________________________________
CONFIDENTIALITY NOTICE: This information contained in this email message and attachments may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, disclosure, distribution or copying of the contents of this message is strictly prohibited. If you think you received this message in error, please delete the message and email the sender at virginia at aplawfirm.com<mailto:virginia at aplawfirm.com>.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeremy
Sent: Tuesday, December 15, 2020 9:11 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: Morgan Lawless <morgan at basalt.legal>
Subject: [WSBARP] i/s/o Responsive HI Real Property Attorney
Any recommendations for a good Hawaii real estate attorney? Thanks!
Very truly yours,
Jeremy Scott Hyndman, Esq.
Managing Attorney
[Basalt Legal Logo]
6 1/2 N. 2nd Avenue, Suite 200
Walla Walla, WA 99362
T: 509.529.0630
F: 509.525.0630
www.basalt.legal<http://www.basalt.legal/>
The information contained in this message may be privileged and confidential, and is intended to be used only by the recipient or the recipient's authorized agent. Any unauthorized use or distribution may be prohibited by law. If you have received this message in error, please notify the sender and immediately delete the message, and any attachments, from your files.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/f46c4e00/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 2831 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/f46c4e00/image001-0001.jpg>
------------------------------
Message: 12
Date: Tue, 15 Dec 2020 18:53:07 +0000
From: Jennifer L White <jen at appletreelaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question
Message-ID:
<BYAPR14MB2613920276020C6EBEA55087C0C60 at BYAPR14MB2613.namprd14.prod.outlook.com>
Content-Type: text/plain; charset="utf-8"
Rob,
I?m curious if any of you LL/T gurus and/or real property litigators are considering filing some kind of action or class action on a constitutional takings basis? It seems to me that the government has turned private landlords into unwilling purveyors of public housing. All of these regulations/laws were hastily conceived and handed down by fiat. The result has been a tremendous and concentrated loss to private property owners. Perhaps it has to play out further? Have to wait to quantify the exact loss when the moratoriums end and you work through getting them out under all of these onerous ?drag it out? policies benefiting only tenants? We all know that deadbeat tenants are never going to pay up even a tiny fraction of what they owe. That is but a legal illusion of justice for the property owners.
Jennifer L. White, Esq.
[cid:image001.jpg at 01D6D2D0.781B64A0]
jen at appletreelaw.com<mailto:jen at appletreelaw.com>
PO Box 11037
Yakima, WA 98909
509.225.9813
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rowley, Rob
Sent: Tuesday, December 15, 2020 6:49 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlord Question
As I tell my landlord clients we lawyers don't like guaranteeing anything but there is one thing I will guarantee is that the Governor will extend the moratorium sometime into 2021.
Also, I suspect that Pres. Biden (once in office) will also extend the CDC moratorium which is scheduled to lapse on December 31 which is only for nonpayment of rent.
You also have to look at your local county to see if they are part of the Eviction Resolution Program. Spokane County where I am based out of is a part of the ERP and eventually once the moratorium is lifted we have to participate in the program.
http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.EvictionResolutionProgram
Also, the upcoming legislative session has a number of bills which will be filed which will essentially make it near impossible to evict a for rent (or anything) anytime soon (month to month goes away for a while). Who knows what actually will pass as law is a different question. Two things that you never want to see being made is sausage and law.
Summary:
https://files.constantcontact.com/4d179692501/55a538ca-e731-49eb-a80d-9a7300174631.pdf
If I'm a betting man I would say the Legislature will pass some very tenant friendly provisions tied to the governor lifting the moratorium. In other words, let the Legislature take the flak from those unpaid landlords.
Interesting times we live in.
Rob Rowley
Spokane
On Mon, Dec 14, 2020 at 9:32 PM Sangeeta Saigal <attorney at sangeetasaigal.com<mailto:attorney at sangeetasaigal.com>> wrote:
Hello Landlord Gurus,
I understand that there is a moratorium against evictions until December 31st.
According to how I understand the proclamation this moratorium applies to tenants who have lost their jobs or source of income related to Covid.
Question:
If a residential tenant has not lost their source of income ie. On govt assistance and they are not paying the rent does the moratorium against no eviction rule apply to them.
How best to approach such tenant who seems to be taking advantage of the moratorium.
Any advice would be really appreciated.
Sangeeta
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
--
[https://i.ibb.co/zhtPrmq/photo.jpg]
Robert R Rowley
Attorney & Counselor at Law
[https://i.ibb.co/pQMswXQ/Phone.png] (509) 252-5074<tel:(509)+252-5074> [https://i.postimg.cc/xTCwQ1Kt/mobile-black-icon.png] (509) 994-1143<tel:(509)+994-1143>
[https://i.postimg.cc/8P0qzg4D/fax-black-icon.png] (509) 928-3084 [https://i.postimg.cc/bwS4GVVn/website-black-icon.png] rowleylegal.com<http://www.rowleylegal.com/>
[https://i.ibb.co/YN4BQxt/mess.png] rob at rowleylegal.com<mailto:rob at rowleylegal.com>
Helping You Protect What Matters Most
[https://i.imgur.com/HdVhIRq.png]<https://www.facebook.com/rowleylegal> [https://i.imgur.com/6ORQfXY.png] <https://www.twitter.com/ROBERTRROWLEY>
Practice concentrated on business, real estate and general legal matters in Washington and Idaho.
NOTICE: The contents of this message and any attachments may be protected by the attorney-client privilege, work product doctrine or other applicable protections. If you are not the intended recipient or have received this message in error, please notify the sender and promptly delete the message. Thank you for your assistance. DISCLAIMER: You should recognize that responses provided by e-mail means are akin to ordinary telephone or face-to-face conversations and do not reflect the level of factual or legal inquiry or analysis which would be applied in the case of a formal legal opinion. A formal opinion may very well reach a different conclusion.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/db1ea88e/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 10522 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/db1ea88e/image001.jpg>
------------------------------
***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
End of WSBARP Digest, Vol 75, Issue 13
**************************************
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20201215/938f6195/attachment.html>
More information about the WSBARP
mailing list