[WSBARP] Cause of action for Timber Trespass - sale of property

[tjw at w3net.net]

Craig, because the landowner filed suit before closing, a subsequent sale
does not dismiss the lawsuit, so the current landowner will still have
standing after the sale. The title commitment should show the lawsuit and
all the new buyer has to do is accept the exception the tile company will
list. But to be safe, I would have language in the PSA that survives the
sale that the seller is entitled to whatever damages are awarded in the
lawsuit. At least that's my 2 cents on this. 

 

Regards, Tom

 

Thomas J. Westbrook 

Attorney at Law

Of Counsel

Budd Bay Law, P.S.

324 West Bay Dr. NW

Suite 201

Olympia, WA 98502

360-866-400

 

 

 

 

 

 

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Craig Gourley
Sent: Friday, August 22, 2025 12:37 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Cause of action for Timber Trespass - sale of property

 

Suit was filed well before the sale, which has not yet closed. 

 

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 tjw at w3net.net
<mailto:tjw at w3net.net> 
Sent: Friday, August 22, 2025 12:33 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
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Subject: Re: [WSBARP] Cause of action for Timber Trespass - sale of property

 

Criag, was suit filed before the sale or after? 

 

Regards, Tom

 

Thomas J. Westbrook 

Attorney at Law

Of Counsel

Budd Bay Law, P.S.

324 West Bay Dr. NW

Suite 201

Olympia, WA 98502

360-866-400

 

 

 

 

 

 

 

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: Friday, August 22, 2025 11:26 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Cause of action for Timber Trespass - sale of property

 

Listmates.  My question for this Friday is if a cause of action for Timber
Trespass is personal or runs with the land.   If the owner of the land that
was trespassed upon sells, does he/she lose standing in a suit for recovery
of damages?  If yes, can the new owner assign the cause of action to the
Seller as part of the consideration for the purchase?   Suit has been filed
already.   Thanks and enjoy your weekend. 

 

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Fax: (360) 568-8092 

 

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