[WSBARP] WSBARP Digest, Vol 105, Issue 1

Thu Jun 1 20:08:28 PDT 2023

Be aware if you use the term exclusive. It can have two meanings. It can mean the servient estate can not grant further easements to others, or it can mean that plus the servient estate is excluded as well. You have to specify.
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com

    On Thursday, June 1, 2023, 02:59:57 PM PDT, <wsbarp-request at lists.wsbarppt.com> wrote:  

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Today's Topics:

  1. Question about Alternative Service for Commercial Property
      Lease (msafren at jennylinglaw.com)
  2. Re: Question about Alternative Service for Commercial
      Property Lease (Kelby Derenick)
  3. Re: Question about Alternative Service for Commercial
      Property    Lease (Paul Neumiller)
  4. Access Easement & Parking Rights (Inge Fordham)
  5. Re: Question about Alternative Service for Commercial
      Property    Lease (msafren at jennylinglaw.com)
  6. Re: Question about Alternative Service for    Commercial
      Property    Lease (Paul Neumiller)
  7. Re: Access Easement & Parking Rights (Stromberg, Spencer)

----------------------------------------------------------------------

Message: 1
Date: Thu, 1 Jun 2023 13:13:46 -0700
From: <msafren at jennylinglaw.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Question about Alternative Service for Commercial
    Property    Lease
Message-ID: <258001d994c5$928506c0$b78f1440$@jennylinglaw.com>
Content-Type: text/plain; charset="us-ascii"

Hello Fellow Listservers,

I had a question and was looking to get your collective wisdom and input on
an alternative service issue relating to a commercial property lease.

Tenant leases a commercial space under their individual name, rather than a
business name.  Tenant defaults on lease terms and fails to pay rent.  After
service of 3 Day Notice to Pay or Vacate consistent with RCW 59.12.030(3)
and RCW 59.12.040, tenant fails to pay or vacate so summons and complaint
are prepared, but tenant is not present to be served.  While other members
of the tenant's business are present, the Individual tenant is not present.

I'm a little puzzled as to how to serve the tenant the summons and complaint
and gain jurisdiction over the tenant.  

RCW 59.18.055 allows for alternative service, by posting and mailing.
However, RCW 59.18 is for residential landlord/ tenant relationship and
again this is a commercial tenancy.  

Because this is a commercial lease - would service upon a person or agent in
the business consistent with RCW 4.28.080(8) & (9) be considered acceptable?

Aside from motioning the Court for alternative service under CR 4 - does
anyone have any thoughts on accomplishing service of process?  All input is
welcome. 

Kind regards,

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 

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inglaw.com%2F&data=05%7C01%7CRDavis%40PointB.com%7C09f06d8fc21343f7d50e08dab
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Message: 2
Date: Thu, 1 Jun 2023 13:36:30 -0700
From: Kelby Derenick <kelby at derenicklaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Question about Alternative Service for
    Commercial Property Lease
Message-ID:
    <CAPb45niMBD08n9AkeB0ciuvBiROPZoAhjHp2xxiKvYptFqxyVg at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

RCW 59.12.085 will apply to commercial tenancies.

Kelby J. Derenick
Attorney

On Thursday, June 1, 2023, <msafren at jennylinglaw.com> wrote:

> Hello Fellow Listservers,
>
>
>
> I had a question and was looking to get your collective wisdom and input
> on an alternative service issue relating to a commercial property lease.
>
>
>
> Tenant leases a commercial space under their individual name, rather than
> a business name.  Tenant defaults on lease terms and fails to pay rent.
> After service of 3 Day Notice to Pay or Vacate consistent with RCW
> 59.12.030(3) and RCW 59.12.040, tenant fails to pay or vacate so summons
> and complaint are prepared, but tenant is not present to be served.  While
> other members of the tenant?s business are present, the Individual tenant
> is not present.
>
>
>
> I?m a little puzzled as to how to serve the tenant the summons and
> complaint and gain jurisdiction over the tenant.
>
>
>
> RCW 59.18.055 allows for alternative service, by posting and mailing.
> However, RCW 59.18 is for residential landlord/ tenant relationship and
> again this is a commercial tenancy.
>
>
>
> Because this is a commercial lease ? would service upon a person or agent
> in the business consistent with RCW 4.28.080(8) & (9) be considered
> acceptable?
>
>
>
> Aside from motioning the Court for alternative service under CR 4 ? does
> anyone have any thoughts on accomplishing service of process?  All input is
> welcome.
>
>
>
> Kind regards,
>
>
>
> *Michael S. Safren, Esq.*
> *Attorney at Law*
>
> 14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
> <https://www.google.com/maps/search/14900+Interurban+Ave.+S.,+Ste.+280+%7C+Seattle,+WA+98168?entry=gmail&source=g>
> 11900 NE 1st St., Bldg. G - Ste. 300
> <https://www.google.com/maps/search/11900+NE+1st+St.,+Bldg.+G+-+Ste.+300?entry=gmail&source=g>
> |  Bellevue, WA 98005
> P: (206) 859-5098 | E: msafren at jennylinglaw.com
> *www.jennylinglaw.com
> <https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.jennylinglaw.com%2F&data=05%7C01%7CRDavis%40PointB.com%7C09f06d8fc21343f7d50e08dabd0fae32%7C2e0d020c53684963a29544297d7fd521%7C0%7C0%7C638030172332719745%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000%7C%7C%7C&sdata=w4v8s0oIdGOmlIxoPTmmCS%2FoV%2FLKHXQ4dTdw6ghJMp0%3D&reserved=0>*
> | *facebook.com/jennylinglaw/
> <https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.facebook.com%2Fjennylinglaw%2F&data=05%7C01%7CRDavis%40PointB.com%7C09f06d8fc21343f7d50e08dabd0fae32%7C2e0d020c53684963a29544297d7fd521%7C0%7C0%7C638030172332719745%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000%7C%7C%7C&sdata=50WCIVR7ralxmVjZhjtlAAfzzEkiEb0FbhAowaMlps8%3D&reserved=0>*
>
>
>
>
> 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: 3
Date: Thu, 1 Jun 2023 20:37:38 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Question about Alternative Service for
    Commercial Property    Lease
Message-ID:
    <MW3PR13MB3980624CDC29FF0C4BA25962D249A at MW3PR13MB3980.namprd13.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

See RCW 59.12.085

[cid:image001.jpg at 01D9948E.394A0740]

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of msafren at jennylinglaw.com
Sent: Thursday, June 1, 2023 1:14 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Question about Alternative Service for Commercial Property Lease

Hello Fellow Listservers,

I had a question and was looking to get your collective wisdom and input on an alternative service issue relating to a commercial property lease.

Tenant leases a commercial space under their individual name, rather than a business name.  Tenant defaults on lease terms and fails to pay rent.  After service of 3 Day Notice to Pay or Vacate consistent with RCW 59.12.030(3) and RCW 59.12.040, tenant fails to pay or vacate so summons and complaint are prepared, but tenant is not present to be served.  While other members of the tenant's business are present, the Individual tenant is not present.

I'm a little puzzled as to how to serve the tenant the summons and complaint and gain jurisdiction over the tenant.

RCW 59.18.055 allows for alternative service, by posting and mailing.  However, RCW 59.18 is for residential landlord/ tenant relationship and again this is a commercial tenancy.

Because this is a commercial lease - would service upon a person or agent in the business consistent with RCW 4.28.080(8) & (9) be considered acceptable?

Aside from motioning the Court for alternative service under CR 4 - does anyone have any thoughts on accomplishing service of process?  All input is welcome.

Kind regards,

Michael S. Safren, Esq.
Attorney at Law

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
P: (206) 859-5098 | E: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
www.jennylinglaw.com<http://www.jennylinglaw.com/> | facebook.com/jennylinglaw/<http://www.facebook.com/jennylinglaw/>

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: 4
Date: Thu, 1 Jun 2023 20:41:46 +0000
From: Inge Fordham <inge at fordhamlegal.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Access Easement & Parking Rights
Message-ID:
    <CY4PR2201MB10621B0A28041654B145F7F0A849A at CY4PR2201MB1062.namprd22.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

Colleagues,

A client contacted me to prepare an easement for ingress, egress, and utilities over Parcel A for the benefit of Parcel B.  The width of the easement area is the northernmost 29 feet of Parcel A.  The client wants Parcel B to be able to park recreational vehicles, trailers, etc. along the side of the easement area and questioned whether we might include language in the easement allowing the same.  With a non-exclusive easement, if Parcel B can park recreational vehicles, trailers, etc. along the side of the easement area, Parcel A would have the same right.  The client wants to avoid that.  The only workaround I see is to draft a non-exclusive easement for ingress, egress, and utilities over the northernmost 20 feet of Parcel A, and an exclusive easement in favor of Parcel B over the southernmost 9 feet of the easement area, for Parcel B to be park recreational vehicles, trailers, etc.  Are there any issues with including the non-exclusive easement and exclusive easement in !
 the same document?  Curious whether any of my colleagues have drafted an easement like this and, if so, if there are practical considerations I should account for that I may not have thought of.

Thank you,

[uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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Message: 5
Date: Thu, 1 Jun 2023 14:03:46 -0700
From: <msafren at jennylinglaw.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Question about Alternative Service for
    Commercial    Property    Lease
Message-ID: <25ff01d994cc$8fd83210$af889630$@jennylinglaw.com>
Content-Type: text/plain; charset="us-ascii"

Thanks - question under RCW 599.12.085 - do you need to petition the court
first to get the order for alternative service or as in RCW 59.18.055 (its
residential collarlary_)  can you simply effect alternative service after
multiple attempts at service are unsuccessful?  The language seems to
indicate that a court order is first necessary - but its unclear. 

Kind regards,

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 

<https://nam04.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.jennyl
inglaw.com%2F&data=05%7C01%7CRDavis%40PointB.com%7C09f06d8fc21343f7d50e08dab
d0fae32%7C2e0d020c53684963a29544297d7fd521%7C0%7C0%7C638030172332719745%7CUn
known%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJX
VCI6Mn0%3D%7C1000%7C%7C%7C&sdata=w4v8s0oIdGOmlIxoPTmmCS%2FoV%2FLKHXQ4dTdw6gh
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ok.com%2Fjennylinglaw%2F&data=05%7C01%7CRDavis%40PointB.com%7C09f06d8fc21343
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bhAowaMlps8%3D&reserved=0> facebook.com/jennylinglaw/ 

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. 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Thursday, June 1, 2023 1:38 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Question about Alternative Service for Commercial
Property Lease

See RCW 59.12.085

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
msafren at jennylinglaw.com <mailto:msafren at jennylinglaw.com> 
Sent: Thursday, June 1, 2023 1:14 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Question about Alternative Service for Commercial Property
Lease

Hello Fellow Listservers,

I had a question and was looking to get your collective wisdom and input on
an alternative service issue relating to a commercial property lease.

Tenant leases a commercial space under their individual name, rather than a
business name.  Tenant defaults on lease terms and fails to pay rent.  After
service of 3 Day Notice to Pay or Vacate consistent with RCW 59.12.030(3)
and RCW 59.12.040, tenant fails to pay or vacate so summons and complaint
are prepared, but tenant is not present to be served.  While other members
of the tenant's business are present, the Individual tenant is not present.

I'm a little puzzled as to how to serve the tenant the summons and complaint
and gain jurisdiction over the tenant.  

RCW 59.18.055 allows for alternative service, by posting and mailing.
However, RCW 59.18 is for residential landlord/ tenant relationship and
again this is a commercial tenancy.  

Because this is a commercial lease - would service upon a person or agent in
the business consistent with RCW 4.28.080(8) & (9) be considered acceptable?

Aside from motioning the Court for alternative service under CR 4 - does
anyone have any thoughts on accomplishing service of process?  All input is
welcome. 

Kind regards,

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
 <http://www.jennylinglaw.com/> www.jennylinglaw.com |
<http://www.facebook.com/jennylinglaw/> facebook.com/jennylinglaw/ 

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: 6
Date: Thu, 1 Jun 2023 21:22:42 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Question about Alternative Service for
    Commercial    Property    Lease
Message-ID:
    <MW3PR13MB3980E45433FEB6510E85FDE2D249A at MW3PR13MB3980.namprd13.prod.outlook.com>

Content-Type: text/plain; charset="us-ascii"

I've gone into court and got a court order.

[cid:image001.jpg at 01D99494.853453D0]

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of msafren at jennylinglaw.com
Sent: Thursday, June 1, 2023 2:04 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Question about Alternative Service for Commercial Property Lease

Thanks - question under RCW 599.12.085 - do you need to petition the court first to get the order for alternative service or as in RCW 59.18.055 (its residential collarlary_)  can you simply effect alternative service after multiple attempts at service are unsuccessful?  The language seems to indicate that a court order is first necessary - but its unclear.

Kind regards,

Michael S. Safren, Esq.
Attorney at Law

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
P: (206) 859-5098 | E: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
www.jennylinglaw.com<http://www.jennylinglaw.com/> | facebook.com/jennylinglaw/<http://www.facebook.com/jennylinglaw/>

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.

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 Paul Neumiller
Sent: Thursday, June 1, 2023 1:38 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Question about Alternative Service for Commercial Property Lease

See RCW 59.12.085

[cid:image001.jpg at 01D99494.853453D0]

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 msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
Sent: Thursday, June 1, 2023 1:14 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Question about Alternative Service for Commercial Property Lease

Hello Fellow Listservers,

I had a question and was looking to get your collective wisdom and input on an alternative service issue relating to a commercial property lease.

Tenant leases a commercial space under their individual name, rather than a business name.  Tenant defaults on lease terms and fails to pay rent.  After service of 3 Day Notice to Pay or Vacate consistent with RCW 59.12.030(3) and RCW 59.12.040, tenant fails to pay or vacate so summons and complaint are prepared, but tenant is not present to be served.  While other members of the tenant's business are present, the Individual tenant is not present.

I'm a little puzzled as to how to serve the tenant the summons and complaint and gain jurisdiction over the tenant.

RCW 59.18.055 allows for alternative service, by posting and mailing.  However, RCW 59.18 is for residential landlord/ tenant relationship and again this is a commercial tenancy.

Because this is a commercial lease - would service upon a person or agent in the business consistent with RCW 4.28.080(8) & (9) be considered acceptable?

Aside from motioning the Court for alternative service under CR 4 - does anyone have any thoughts on accomplishing service of process?  All input is welcome.

Kind regards,

Michael S. Safren, Esq.
Attorney at Law

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
P: (206) 859-5098 | E: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
www.jennylinglaw.com<http://www.jennylinglaw.com/> | facebook.com/jennylinglaw/<http://www.facebook.com/jennylinglaw/>

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: 7
Date: Thu, 1 Jun 2023 14:58:45 -0700
From: "Stromberg, Spencer" <spencer at lucentlaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Access Easement & Parking Rights
Message-ID:
    <CAGyXgZLucOWHJqBzASFNCjL4oA91UMWQ9CZcMK+6kTFEFokUng at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Having recently litigated an easement case involving issues relating to
"exclusive" easements, my suggestion would be to stay away from describing
portions as exclusive. Instead, I suggest just including a covenant by the
owner of the servient parcel to refrain from any use of the easement area
that would impede the dominant owner's use, including but not limited to
parking vehicles or placing any personal property or improvements in the
easement area. In a separate portion of the easement agreement, include in
the dominant owner's rights the right to park RVs, etc. in the appropriate
portion of the easement area.

*Spencer A. W. Stromberg*
Attorney at Law

1403 S. Grand Blvd., Suite 201-S
Spokane, WA 99203-2278

P: 509.455.3713
D: 509.828.4644
F: +1.509.455.3718 (must dial 1 before area code)
E: spencer at lucentlaw.com

lucentlaw.com <https://www.lucentlaw.com/>
Facebook <https://www.facebook.com/lucentlaw>
LinkedIn <https://www.linkedin.com/company/lucent-law>
Twitter <https://twitter.com/LucentLaw>

CONFIDENTIALITY NOTICE: This email and any attachments are confidential and
may be protected by legal privilege. If you are not the intended recipient,
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On Thu, Jun 1, 2023 at 1:49?PM Inge Fordham <inge at fordhamlegal.com> wrote:

> Colleagues,
>
>
>
> A client contacted me to prepare an easement for ingress, egress, and
> utilities over Parcel A for the benefit of Parcel B.  The width of the
> easement area is the northernmost 29 feet of Parcel A.  The client wants
> Parcel B to be able to park recreational vehicles, trailers, etc. along the
> side of the easement area and questioned whether we might include language
> in the easement allowing the same.  With a non-exclusive easement, if
> Parcel B can park recreational vehicles, trailers, etc. along the side of
> the easement area, Parcel A would have the same right.  The client wants to
> avoid that.  The only workaround I see is to draft a non-exclusive easement
> for ingress, egress, and utilities over the northernmost 20 feet of Parcel
> A, and an exclusive easement in favor of Parcel B over the southernmost 9
> feet of the easement area, for Parcel B to be park recreational vehicles,
> trailers, etc.  Are there any issues with including the non-exclusive
> easement and exclusive easement in the same document?  Curious whether any
> of my colleagues have drafted an easement like this and, if so, if there
> are practical considerations I should account for that I may not have
> thought of.
>
>
>
> Thank you,
>
>
>
>
>
> [image:
> uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
>
> *Inge A. Fordham | Attorney*
>
> Fordham Law, PLLC
>
> 3218 Sixth Avenue | Tacoma, WA 98406
>
> Office: (253) 348-2657 | Mobile: (206) 778-3131
>
> www.fordhamlegal.com
>
>
>
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