[WSBARP] Fence Question

[Bryce Dille]

If you are going to adjust property lines then must use RCW 58.04.007 which requires an agreement and a survey. The other approach is to give an easement for the strip setting forth the conditions whether exclusive or non exclusive and who is responsible for fence and what can be done in the strip between fence and boundary line and by whom and also an indemnity agreement by holder of dominant estate for benefit of servient estate as to any claims arising out of use of the easement property.

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jan Kelly
Sent: Saturday, June 25, 2022 8:08 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Fence Question

Good morning,

I would love your collective thoughts. Client's neighbor wants to install, at neighbor's cost, a fence that encroaches on client's property about 2' and have an agreement that the property line does not change. Purpose is for privacy, and there are trees and and decorative rocks so that a fence on the property line is problematic. Are there any issues with recording an agreement signed by both parties? Would it be classified as an easement or a property line agreement?

Provisions would include:
- no planting or installation of irrigation or anything on client's property
- if plants were to encroach in that area, neighbor needs to take care of it, or client could do it at neighbor's expense
- any default and fence could be removed
- Other?

Thank you!  Enjoy this beautiful weather!!

--

Jan Kelly, JD/MBA
Attorney at Law

JK Law
PO Box 1964
Poulsbo, WA 98370
Direct Line (702) 338-6733

Licensed in Nevada and Washington.

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