[WSBARP] WSBARP Digest, Vol 98, Issue 11
STEPHEN WHITEHOUSE
swhite8893 at aol.com
Wed Nov 9 18:02:13 PST 2022
You can create an easement by estoppel but never heard of mutual recognition. Look at Ely on Easements.
Steve Whitehouse
Sent from my iPhone
> On Nov 9, 2022, at 10:00 AM, wsbarp-request at lists.wsbarppt.com wrote:
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> Today's Topics:
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> 1. Collection of Judgment (Rod Harmon)
> 2. Easement by Mutual Recognition and Acquiescence? (Catherine Clark)
> 3. Re: Easement by Mutual Recognition and Acquiescence? (Bryce Dille)
> 4. Re: Collection of Judgment (Kathleen Hopkins)
> 5. Re: Easement by Mutual Recognition and Acquiescence?
> (Catherine Clark)
> 6. Re: Easement by Mutual Recognition and Acquiescence?
> (Paul Neumiller)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Tue, 8 Nov 2022 21:24:44 +0000
> From: Rod Harmon <rodharmon at msn.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Collection of Judgment
> Message-ID:
> <MN0PR11MB6111D4EED08F4719154544C4AB3F9 at MN0PR11MB6111.namprd11.prod.outlook.com>
>
> Content-Type: text/plain; charset="us-ascii"
>
> I have done quite a few judgment collections and would be interested.
>
> Rod Harmon
>
> RODNEY T. HARMON
> Attorney at Law
> WSBA 11059
> P.O. Box 1066
> Bothell, WA 98041
> Tel: (425) 402-7800
> Fax: (425) 458-9096
> www.rodharmon.com<http://www.rodharmon.com>
> rodharmon at msn.com<mailto:rodharmon at msn.com>
>
>
>
>
> From: wsbarp-bounces at lists.wsbarppt.com On Behalf Of Douglas Scott
> Sent: Tuesday, November 8, 2022 9:25 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Collection of Judgment
>
> Client has a $28,000 Judgment and needs a good collector or collection agency.
> Any recommendations?
>
> DOUGLAS W. SCOTT
> Rainier Legal Advocates|LLC
>
> 465 Rainier Blvd. N., Suite C
> Issaquah, Washington 98027
> 425.392.8550 (tel)
> 425.392.2829 (fax)
>
>
>
> www.rainieradvocates.com<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.rainieradvocates.com%2F&data=05%7C01%7C%7C3420665a8c024db27a3f08dac1af1dc9%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638035255109139497%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=sxDYp8ueqsaBKYz05NBnEZ%2BuMqRu8IPLOAqzt2BGJkc%3D&reserved=0>
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> Notice: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege
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> ------------------------------
>
> Message: 2
> Date: Tue, 8 Nov 2022 23:42:05 +0000
> From: Catherine Clark <Cat at loccc.com>
> To: "wsbarp at LISTS.WSBARPPT.COM" <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Easement by Mutual Recognition and Acquiescence?
> Message-ID:
> <MWHPR19MB1328007F5779A660BEDEC129A33F9 at MWHPR19MB1328.namprd19.prod.outlook.com>
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> Content-Type: text/plain; charset="us-ascii"
>
> Has anyone established an easement based on mutual recognition and acquiescence? I have always thought that theory was limited to boundary lines.
>
> If so, how did you accomplish that?
>
> Catherine "Cat" Clark
> Law Office of Catherine C. Clark PLLC
> 110 Prefontaine Place South, Ste. 304
> Seattle, WA 98104
> Phone: (206) 838-2528
> Cell: (206) 409-8938
> Email: cat at loccc.com<mailto:cat at loccc.com>
>
>
>
> NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited. If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.
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> ------------------------------
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> Message: 3
> Date: Tue, 8 Nov 2022 23:50:46 +0000
> From: Bryce Dille <Bryce at dillelaw.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Easement by Mutual Recognition and Acquiescence?
> Message-ID:
> <MN0PR11MB6230B40B26372DD769B26226C83F9 at MN0PR11MB6230.namprd11.prod.outlook.com>
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> Content-Type: text/plain; charset="us-ascii"
>
> If a prescriptive easement is intended it tough to get around the consent issue.
>
> Bryce H. Dille
> Dille Law, PLLC
> 2010 Caton Way SW Ste. 101
> Olympia, WA 98502
> Office: 360-350-0270
> Cell: 253-579-5561
>
> [R_Alan_Swanson-WH-200]
> ** 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 Catherine Clark
> Sent: Tuesday, November 8, 2022 3:42 PM
> To: wsbarp at LISTS.WSBARPPT.COM
> Subject: [WSBARP] Easement by Mutual Recognition and Acquiescence?
>
> Has anyone established an easement based on mutual recognition and acquiescence? I have always thought that theory was limited to boundary lines.
>
> If so, how did you accomplish that?
>
> Catherine "Cat" Clark
> Law Office of Catherine C. Clark PLLC
> 110 Prefontaine Place South, Ste. 304
> Seattle, WA 98104
> Phone: (206) 838-2528
> Cell: (206) 409-8938
> Email: cat at loccc.com<mailto:cat at loccc.com>
>
>
> NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited. If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.
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> ------------------------------
>
> Message: 4
> Date: Wed, 9 Nov 2022 00:28:01 +0000
> From: Kathleen Hopkins <khopkins at rp-lawgroup.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Collection of Judgment
> Message-ID:
> <MW4PR17MB4386126C0DB1929970CA3ECF9C3E9 at MW4PR17MB4386.namprd17.prod.outlook.com>
>
> Content-Type: text/plain; charset="utf-8"
>
> Matt Green of Green & Norwood is my go-to person. He is teaching the KCBA Collections CLE today.
>
>
> Kathleen J. Hopkins
> Real Property Law Group, PLLC
> 1326 Fifth Avenue, Suite 654
> Seattle, WA 98101
> Phone & Fax: (206) 625-0404
> Home (please try this line first, as I am working remotely until further notice): 425-844-2749
> email: khopkins at rp-lawgroup.com<mailto:khopkins at rp-lawgroup.com>
> www.rp-lawgroup.com<http://www.rp-lawgroup.com/>
>
> *Licensed in Washington State.
>
> NOTE: I WILL BE IN HAWAII THURS. NOV 17 THROUGH MON. DEC. 5. IF YOU HAVE PROJECTS THAT NEED ATTENTION DURING THAT TIME, PLEASE LET ME KNOW BEFORE THEN AND WE CAN ARRANGE FOR COVERAGE.
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> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Douglas Scott
> Sent: Tuesday, November 8, 2022 9:25 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Collection of Judgment
>
> Client has a $28,000 Judgment and needs a good collector or collection agency.
> Any recommendations?
>
> DOUGLAS W. SCOTT
> Rainier Legal Advocates|LLC
>
> 465 Rainier Blvd. N., Suite C
> Issaquah, Washington 98027
> 425.392.8550 (tel)
> 425.392.2829 (fax)
>
>
>
> www.rainieradvocates.com<http://www.rainieradvocates.com/>
>
>
> Notice: This communication, including attachments, may contain information that is confidential and protected by the attorney/client or other privileges. It constitutes non-public information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended recipient, or you believe that you have received this communication in error, please notify the sender immediately by return e-mail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The unauthorized use, dissemination, distribution, or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. Receipt by anyone other than the intended recipient(s) is not a waiver of any attorney/client or other privilege
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> ------------------------------
>
> Message: 5
> Date: Wed, 9 Nov 2022 00:29:01 +0000
> From: Catherine Clark <Cat at loccc.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Easement by Mutual Recognition and Acquiescence?
> Message-ID:
> <MWHPR19MB1328D52BBFE6FBB01567655FA33E9 at MWHPR19MB1328.namprd19.prod.outlook.com>
>
> Content-Type: text/plain; charset="windows-1252"
>
> That is what I think
>
> Get Outlook for iOS<https://aka.ms/o0ukef>
> ________________________________
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Bryce Dille <Bryce at dillelaw.com>
> Sent: Tuesday, November 8, 2022 3:50:46 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Easement by Mutual Recognition and Acquiescence?
>
>
> If a prescriptive easement is intended it tough to get around the consent issue.
>
>
>
> Bryce H. Dille
>
> Dille Law, PLLC
>
> 2010 Caton Way SW Ste. 101
>
> Olympia, WA 98502
>
> Office: 360-350-0270
>
> Cell: 253-579-5561
>
>
>
> [R_Alan_Swanson-WH-200]
>
> ** 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 Catherine Clark
> Sent: Tuesday, November 8, 2022 3:42 PM
> To: wsbarp at LISTS.WSBARPPT.COM
> Subject: [WSBARP] Easement by Mutual Recognition and Acquiescence?
>
>
>
> Has anyone established an easement based on mutual recognition and acquiescence? I have always thought that theory was limited to boundary lines.
>
>
>
> If so, how did you accomplish that?
>
>
>
> Catherine ?Cat? Clark
> Law Office of Catherine C. Clark PLLC
>
> 110 Prefontaine Place South, Ste. 304
>
> Seattle, WA 98104
>
> Phone: (206) 838-2528
> Cell: (206) 409-8938
> Email: cat at loccc.com<mailto:cat at loccc.com>
>
>
>
>
> NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited. If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.
>
>
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> ------------------------------
>
> Message: 6
> Date: Wed, 9 Nov 2022 00:30:43 +0000
> From: Paul Neumiller <pneumiller at hotmail.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Easement by Mutual Recognition and Acquiescence?
> Message-ID:
> <MW3PR13MB39805C6C1B818631CF86F65BD23E9 at MW3PR13MB3980.namprd13.prod.outlook.com>
>
> Content-Type: text/plain; charset="us-ascii"
>
> Isn't "mutual recognition and acquiescence" other way of saying consent? And with consent, it can't be adverse. As always for these kinds of matters, it is fact driven so if you have a fact pattern where the dominant tenement always insisted he wasn't asking for permission but was using the "easement" as a matter of right, you might prevail but it will be a tough boat to bail. Courts, generally, want people to be neighberly and grant permission to use an "easement."
>
>
> [cid:image001.jpg at 01D8F38E.B5A98140]
>
> IMPORTANT NOTICE: This e-mail message is intended to be received only by persons entitled to receive the confidential information it may contain. E-mail messages to clients of Paul A. Neumiller presumptively contain information that is confidential and legally privileged; e-mail messages to non-clients are normally confidential and may also be legally privileged. Please do not read, copy, forward or store this message unless you are the intended recipient of it. If you have received this message in error, please forward it back to the sender and delete it completely from your computer system.
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>
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Catherine Clark
> Sent: Tuesday, November 8, 2022 3:42 PM
> To: wsbarp at LISTS.WSBARPPT.COM
> Subject: [WSBARP] Easement by Mutual Recognition and Acquiescence?
>
> Has anyone established an easement based on mutual recognition and acquiescence? I have always thought that theory was limited to boundary lines.
>
> If so, how did you accomplish that?
>
> Catherine "Cat" Clark
> Law Office of Catherine C. Clark PLLC
> 110 Prefontaine Place South, Ste. 304
> Seattle, WA 98104
> Phone: (206) 838-2528
> Cell: (206) 409-8938
> Email: cat at loccc.com<mailto:cat at loccc.com>
>
>
> NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited. If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.
>
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> End of WSBARP Digest, Vol 98, Issue 11
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