[WSBARP] Fence Question

[Douglas Scott]

I agree with Katherine that a license would suit your client best

Sent from my iPhone

> On Jun 25, 2022, at 10:52 AM, Laird, Katherine <KatherineLaird at centurypacificlp.com> wrote:
> 
> 
> Property line is not charging per the stated facts.
> If an easement, spelled out the process for termination in the easement.  All too often easements are silent on what happens if there is a violation a f termination and then a lawsuit commences to fight out that issue.  . 
> If the PC wants to be able to revert to the status quo , I think a a written license agreement is also an option.  The neighbor likely prefers the easement.
> 
> 
> Sent from Workspace ONE Boxer
> 
> On Jun 25, 2022 9:35 AM, Bryce Dille <Bryce at dillelaw.com> wrote:
> [EXTERNAL]
> 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
>  
> 
> ** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**
>  
> This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately. 
>  
> 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.
> 
> 
> 
> THIS EMAIL MESSAGE AND ANY ATTACHMENTS ARE CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. Any unauthorized review, use, copying, disclosure or distribution of any information contained in or attached to this communication is STRICTLY PROHIBITED. If you have received this communication in error, or are not the named recipient, please immediately notify the sender by email by "reply to sender only" and delete this message and any attached documents from your computer. Receipt by anyone other than the intended recipient(s) is not a waiver of confidentiality and/or any legal privilege. Thank you.
> 
> ***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/20220626/25779907/attachment.html>