Implied Easements – You cannot deny how the property has been used in the past.
Implied Easements – how to prevent a landowner from denying the existence of an easement when it is reasonably necessary and has been continuously used after they sell the property.
Creating Easements Out of Thin Air? Even when there is nothing in writing, an easement might be found.
Even when there isn’t a written agreement, a court may find that an easement exists. The big four – Prescriptive Easements, Easements by Estoppel, Easements of Necessity, and Easements by Implication. An overview of the easements that a court may find run across your property.
No Quorum? What’s an HOA to do?
Obtaining a quorum at an annual HOA meeting can be difficult to impossible. This can create a myriad of problems, including the inability to elect new Board members. In the case of Parker Estates Homeowners Association v. Pattison, the court was confronted with a challenge to the practices of an HOA that had been unable to muster a quorum for years.
Hurry. You only have one year to challenge that Condo Amendment. Or do you?
In Washington State, a condo owner generally has one year from the date of recording to challenge an amendment to their condo’s declaration, but the State Supreme Court left a door open for a later challenge by failing to overrule Club Envy?
Why Yes, I Did Kill Your Tree – Cutting Tree Roots That Stray onto Your Property
Your neighbor’s trees. Washington’s Court of Appeals restates the State Supreme Court’s holding in Gostina v. Ryland – if a tree’s root stray’s onto your property, you may cut it off, even if it damages the tree.
Park Impact Fees Are A Climbing
Park Impact Fees are increasing in Clark County for the first time in 13 years, but a fight between park advocates and the construction industry is brewing over how fast they increase. What is a Park Impact Fee or PIF, and should I care?
East County Bridge
With the CRC dead (for now), you knew that it wouldn’t be long until another bridge proposal came up. With Clark County Commissioner David Madore leading the way, Clark County residents are being called on yet again to give an … Continue reading →
I Want a Copy of ….
What documents is an owner entitled to request from an HOA? May the owner demand that copies be provided? Free of charge? That the HOA search its files for specific records? The answer differs between Oregon and Washington.
Adverse Possession in Washington Actual and Uninterrupted
This post is part 4 of a 6-part series on Washington’s adverse possession doctrine. The adverse possession doctrine encompasses four elements: (1) open and notorious, (2) actual and uninterrupted, (3) exclusive, and (4) hostile. LeBleu v. Aalgaard, 193 Wn.App. 66, 78 (2016). This post will examine the “Actual and Uninterrupted” element, which requires the claimant to show that their possession of the disputed property was actual and uninterrupted for the ten-year statutory period. Even a temporary interruption may defeat a claim.
ADVERSE POSSESSION IN WASHINGTON BY THE ELEMENTS OPEN AND NOTORIOUS
Adverse possession in Washington State requires a showing of: (1) open and notorious, (2) actual and uninterrupted, (3) exclusive, and (4) hostile possession of land for the statutory period. As noted by the Court of Appeals, these phrases are not clear and do not track with modern English. This post examines the first element, “Open and Notorious,” and how it has been interpreted by Washington Courts.