[WSBARP] Use of County Right of Way

[Kathleen Hopkins]

I agree with Tom; I know that in the past these were commonly granted by King County, in the form of year-to-year renewable licenses, for access across the bike trail to the waterfront homes on the east side of Lake Sammamish, where all the driveways' accesses necessarily cross the public trail to reach the paved public roadway. If you are not talking about a King County property, at least you could ask your friendly title agent to look up on-line what is done there for an example.


Kathleen J. Hopkins
Real Property Law Group, PLLC
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Seattle, WA 98101
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of TJW
Sent: Monday, April 17, 2023 4:16 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Use of County Right of Way

Hey Craig,

Check to see if your client has an encroachment permit from the County and if so, that might have some limitations built in. Also, what gives the neighbor any right to use your client's paved driveway?

Sincerely,

Tom

Thomas J. Westbrook
Attorney at Law

[cid:image001.jpg at 01D9714D.3E018DD0]
324 West Bay Drive NW, Suite 201
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Craig Gourley
Sent: Monday, April 17, 2023 2:11 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Use of County Right of Way

Listmates.  Today's question I don't have an answer for.  Client has a paved driveway that crosses unused County right of way to get to the paved road.  Neighbor claims he can use this right of way area to bring his heavy equipment onto his (neighbor's) property much to the detriment of client's asphalt.  I presume everyone has the right to use the right of way area as it is public property.  Please correct me if I am wrong.  The second question is, if I improve public property does the neighbor have the right to destroy it?   Thanks in advance for any thought on this matter.  Craig

GOURLEY LAW GROUP
THE EXCHANGE CONNECTION
SNOHOMISH ESCROW
P.O. Box 1091
Snohomish, WA 98291
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