[WSBARP] Disclosure of Survey Results

[Michael Brinell]

My thinking is if developer had an affirmative duty to disclose the survey, or otherwise inform clients had an ownership interest in the trees, then that failure is tantamount to an affirmative misrepresentation, or fraudulent concealment.

Interpreting RCW 64.12.030 to imply a duty to obtain consent of course.

Sincerely,

Michael T. Brinell

Attorney at Law

PO Box 32364

Seattle, WA 98273

Tel. 360.986.6534

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‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
On Monday, June 22, 2020 12:12 PM, Scott Russon <scott at yatesmarshall.com> wrote:

> Sounds like a timber trespass claim - see RCW 64.12.030. Take pictures of the stumps now (if they haven’t already been removed) to preserve the size of trees cut down.
>
> Sincerely yours,
>
> SCOTT E. RUSSON
>
> Attorney at Law
>
> Yates Marshall, PLLC
>
> 10000 N.E. 7th Avenue, Suite 200
>
> Vancouver, WA 98685
>
> Phone: (360) 449-6100
>
> Fax: (360) 449-6111
>
> STATEMENT OF CONFIDENTIALITY: The information in this email and attachment(s) is legally privileged and confidential information intended only for the use of the addressee listed on this email. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this email and attachment(s) is strictly prohibited. If you have received this email in error, please immediately notify us by telephone at the number listed above, reply to this email that it was sent in error, then erase the e-mail and attachment(s) from your computer. Nothing in this message is intended to constitute an electronic signature unless a specific statement to the contrary is included in this message. This e-mail and all responses to this email may be subject to Public Disclosure. Thank you.
>
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Michael Brinell
> Sent: Monday, June 22, 2020 11:54 AM
> To: wsbarp at lists.wsbarppt.com
> Subject: [WSBARP] Disclosure of Survey Results
>
> Listmates,
>
> Clients own several properties in a row and a developer of the adjacent property has removed several trees from them without their consent. Developer has provided surveys that showed they knew the trees were not on their property prior to their removal.
>
> Did the developers have a duty to disclose the fact clients owned the trees prior to their removal? Has anyone dealt with something similar? I'd appreciate any insights, thanks.
>
> Michael
>
> Michael T. Brinell
>
> Attorney at Law
>
> PO Box 32364
>
> Seattle, WA 98273
>
> Tel. 360.986.6534
>
> CONFIDENTIALITY
>
> The information contained in this email is intended only for the use of the person or entity to whom it is addressed. This email may contain confidential or privileged information. If you are not the person whose name appears above, or the person responsible for delivering the email to the addressee, you are hereby notified that reading, using, copying, distributing or disseminating this communication is strictly prohibited. If you think that you have received this email message in error, please email the sender at mbrinell at protonmail.com Thank you.
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