[WSBARP] Fence Question

Mon Jun 27 13:56:10 PDT 2022

Thank you to all who responded! 

Enjoy this sunshine!
Best,
Jan

Sent from my iPhone

> On Jun 27, 2022, at 1:17 PM, Mark Anderson <marka at mbaesq.com> wrote:
> 
> 
> FWIW, I third that. 
>  
> Mark B. Anderson
> ANDERSON LAW FIRM PLLC
> 821 Dock St  Ste 209  PMB 4-12
> Tacoma, Washington 98402
> +1 253-327-1750
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> marka at mbaesq.com
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> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Douglas Scott
> Sent: 06/26/2022 7:25 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Fence Question
>  
> 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
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> 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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