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

Fri Aug 22 15:59:54 PDT 2025

I agree  with Tom Westbrook

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of tjw at w3net.net
Sent: Friday, August 22, 2025 3:32 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Cause of action for Timber Trespass - sale of property

That's my opinion since the lawsuit was filed by the soon to be Seller. Had they not already filed suit while in title, I would have the opposite opinion.

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 2:21 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Cause of action for Timber Trespass - sale of property

Thank you.  Just to be clear the current owner " Seller" still wants to be the Plaintiff and prosecute the case despite no longer being in title.

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 2:11 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Cause of action for Timber Trespass - sale of property

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<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 12:37 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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<mailto:wsbarp at lists.wsbarppt.com>>
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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