Samuel A Rodabough’s Answers

Samuel A Rodabough

Bellevue Land Use / Zoning Attorney.

Contributor Level 7
  1. How do I take action on a ejectment to remove deck encroachment

    Answered over 2 years ago.

    1. Samuel A Rodabough
    2. Robert Emmett West JR
    3. Irving A Sonkin
    3 lawyer answers

    An action for ejectment is typically commenced by filing a complaint with a claim for ejectment in the superior court where the real property is located. The named defendant is the wrongful possessor of plaintiff’s property, which is typically the adjoining property owner. In reality, however, most attorneys would file such a complaint with two closely related, but different claims, namely claims for “quiet title” and “ejectment.” The purpose of an action to quiet title is to obtain an order...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Nieghbor is routing water onto my property

    Answered almost 2 years ago.

    1. Samuel A Rodabough
    2. Rand L. Koler
    3. Mary Gail Carver
    3 lawyer answers

    Since 1896, the law regarding surface water in Washington State has been governed by the “common enemy doctrine.” In its original form, the common enemy doctrine allowed landowners to dispose of unwanted surface water in any desired manner, without liability for any resulting damage to adjoining property. In other words, surface water was viewed as a common enemy against which any property owner could defend himself. However, in order to avoid harsh results, the common enemy doctrine has...

    2 lawyers agreed with this answer

  3. Must I grant an easement and do I have other options?

    Answered over 2 years ago.

    1. Rand L. Koler
    2. Samuel A Rodabough
    3. Kenneth Allyn Sprang
    3 lawyer answers

    I agree with Mr. Koler. The term “license” is generic in nature, but there may be other, more specific names, for the particular document that you envision, including a “permissive use agreement,” among others. From your perspective, a license may be a good option here because it is not an interest in land, and is merely a privilege that is revocable at will by you, the licensor. Moreover, licenses are personal to the licensee, and not subject to assignment (i.e., the license would not...

    2 lawyers agreed with this answer

  4. Neighbor put up fence denying us use of some asphalt that we and previuos owner use.

    Answered over 2 years ago.

    1. Samuel A Rodabough
    2. Shawn B Alexander
    3. Brandy Ann Peeples
    3 lawyer answers

    Based upon your question, it appears that you currently have what is referred to as an "express easement" (i.e., there is an access easement that is recorded on title that burdens your neighbor’s property for the benefit of your property). Your rights in this situation may initially depend upon the terms of the express easement itself. A particularly common problem with access easements is that they fail to adequately describe the area burdened by easement. You will need to determine if the...

    1 lawyer agreed with this answer

  5. Can property remain legally landlocked in Washington State?

    Answered almost 3 years ago.

    1. Irving A Sonkin
    2. Scott Kemble Wilson
    3. Samuel A Rodabough
    3 lawyer answers

    As with any property with title or other defects, thorough due diligence should be undertaken prior to proceeding with any purchase. The question provides few specifics regarding the property itself, including existing improvements (if any), legal parcel or lot status, zoning, encumbrances on title (including recorded covenants, easements, access limitations, etc.), prior uses, and prior permitting efforts, among other critical facts. You should consult with a licensed attorney regarding (1)...

  6. Is property owned by a Public Utilitiy District subject to the adverse possession laws or is it exempt?

    Answered almost 3 years ago.

    1. Jared N Hawkins
    2. Samuel A Rodabough
    2 lawyer answers

    It may be possible for adverse possession to occur under these circumstances. However, you would need to consult with a licensed attorney regarding the specifics of any potential case. Although the general rule is that adverse possession may not be obtained against the state, Washington courts have indicated that it may be possible to obtain title to lands owned by cities, counties, and other governmental entities below the state level via adverse possession, if the land is held in a “...

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