Joshua Drejer Sundt's Answers

Where, in WA state law, is 'prescriptive easement' defined for a public utility ?

This is a good question, and the answer's a bit tricky. Prescriptive easements in Washington can be thought of as very similar to the doctine of adverse possession, with the major difference being that adverse possession has to do with "possession" of land and prescriptive easements have to do with "use" of land. The elements of both doctrines are contained in Washington's case law, not in the RCW or WAC. Case law is state law, just as much as the RCW or the WAC, but is almost always more...

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When can an LPO sign for a 'grantor'

An LPO generally cannot sign on behalf of a grantor. This sounds suspicious. I would check to see if the LPO has received some sort of signing authority from the grantor, in the form of a power of attorney. I would also check the Washington State Admission to Practice Rules, which set out stringent regulations regarding the LPO's professional conduct. You can find these rules at www.courts.wa.gov, under Court Rules-Rules of General Application--Admission to Practice Rules.

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I want to stop neighbor that is trying to get adverse possession on part of my property, they removed survey markers two times?

This kind of boundary dispute gets complicated in a hurry. Because of that dynamic, your offer of mediation was an excellent choice. I have litigated this kind of matter when necessary, but find that mediation offers a lot more options for solutions that serve both neighbors' interests. A quiet title action does get expensive when disputed, and usually each party ends up paying their own attorney fees (at least in Washington). There are some exceptions. If your neighbor has intentionally...

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My neighber put a well on our land before use bought it also built a cabin 1/2 on our property. do we have a right to use the we

See an attorney about this--these issues can be complicated and very fact-specific. In addition there are lots of better and more creative ways to resolve the problem other than a lawsuit. You need to learn about your rights and your options. The well is probably a prescriptive easement issue and the cabin is probably an adverse possession issue. Generally if the neighbor has clearly occupied the land as if it were there own, without permission, for 10 continuous years, then title transfers...

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I have 2 homes, if I let one go into foreclosure, will they try to take the other?

Unless your residence lender (the foreclosing one) has a deed of trust in your rental property as well (called "cross-collateralization"), the residence lender cannot do any more after it completes the foreclosure. It may send you a IRS form 1099, though, for any debt amount that that lender had to "write off." You may have exemptions from the tax liability associated with that 1099 "income," but you should consult your tax advisor to be sure. It is fairly unusual for a residential lender to...

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Serving a summons to a tenant

The summons should be served personally, by someone over the age of 18, other than yourself. I recommend using a process service company, as they will know the service requirements, will draft you a service affidavit, and will be available to testify in court should there be a dispute regarding the service of process. If you cannot serve the tenant personally, then you can serve "by leaving a copy of the summons at the house of his or her usual abode with some person of suitable age and...

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I rent a half of a duplex and our building is up for either sale, auction or foreclosure and we werent given written notice

The short answer is that you do have rights as a tenant. First of all, RCW 61.24.040 requires that the notice of foreclosure sale (at least 90 days prior to the sale date) be posted in a conspicuous place on the property or be served on the occupants of the property. If the trustee cannot prove that the notice was properly posted on the property or served on you, then the foreclosure action will be ineffective as to you. If the notice was propertly posted or served, then federal law...

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What determines if an arbitration is private, pursuant to RCW 7.04, or mandatory, pursuant to 7.06? Is it arbitrator's choice?

If there is a contract which controls the matter, and that contract provides for private arbitration, then RCW 7.04 will usually apply. Also, if the parties simply agree to arbitrate a dispute, RCW 7.04 may apply--unless a lawsuit has already been initiated in a county which has mandatory arbitration. RCW 7.06 makes arbitration mandatory in certain actions, even where there is no contractual arbitration clause. In King County, read more about that here: http://www.kingcounty.gov/courts/...

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Is there a contract that I can get to release me of community property rights.

Yes and yes. You're looking for what's called a community property agreement. The agreement will impact your estate and tax basis, so you should have an attorney help you with that agreement.

Alternative method to serve Eviction Summons and Complaint

You're not alone--this happens all the time. This is the alternative procedure: RCW 59.18.055 Notice — Alternative procedure — Court's jurisdiction limited — Application to chapter 59.20 RCW. (1) When the plaintiff, after the exercise of due diligence, is unable to personally serve the summons on the defendant, the court may authorize the alternative means of service described herein. Upon filing of an affidavit from the person or persons attempting service describing those attempts,...