Skip to main content
Kinnon William Williams

Kinnon Williams’s Answers

26 total

  • We are purchasing a lot in Eastgate Bellevue, WA. We are concerned about restrictions in the title.

    We received the title and it has covenants written in 1952 but that are still in effect according to the title company. The city of bellevue has no issues with our plan to build a 2 story home, however one of the restrictions in the title covenant...

    Kinnon’s Answer

    • Selected as best answer

    While the term 1.5 stories is ambiguous it an be enforced. I recently took a very similar case to this to trial and the fact patterns can be very complicated as these types of covenant restrictions can appear to be violated but not entirely abandoned.
    PROCEED WITH CAUTION. You don't want to buy a lawsuit.
    Kinnon

    See question 
  • Condemnation/Eminent domain

    We have a vacation property with a cabin situated on a 13-acres lot and 1200 feet riverfront with water and electricity onsite. The county offered $60K which is not enough compensation to replace a comparable property. We counter-offered for $100...

    Kinnon’s Answer

    My practice is focused on issues involving eminent domain and what you are telling me is fairly typical. Assuming the agency has a public use for the property it can be acquired through the eminent domain process. In that the county would have to bring a petition in eminent domain asking that the court find that this is a public use and necessary to be taken. This is a fairly low standard and unfortunately even if you don't agree, these questions are really left up to elected officials. The good news is that you must be paid fair market value for the property and if you cannot agree, the matter can be determined by a jury based on the evidence presented. The key is of course to first find out what the property is actually worth on the open market. Note: there are some advantages to selling under the threat of eminent domain, no excise tax and no sales commission. This is an area of law where you really do need the assistance of an attorney experienced in this area of law since there are a number of subtle nuances in the practice that throw off even experienced real estate attorneys.
    Please feel free to contact me.

    See question 
  • Is an existing 60'x100' easement replaced by a new 40'x50' like easement if the 60' easement is not mentioned in the new one?

    The 40' easement is sited inside the 60' easement. Both easements are for roads and utilities. Of the 3 grantees on the 40' easement, 2 were not party to the 60' easement.

    Kinnon’s Answer

    As a practical matter what happens on the surface may feel and look the same, but you have a problem. Easements are in essence contracts which grant the holders a "non-possessory" interest in land. The easements have terms and conditions with most modern easements having special provisions for maintenance, type of use, etc.
    From what you have stated there really isn't enough information to conclude that the easement replaced the old one or that the old easement was released or relinquished.
    This is something that will need to be corrected.

    See question 
  • Husband was advised by his L&I dr to get an Attorney now?

    He is getting no where only just being paid. No authorizations for more test. Physical therapist not an option or Water Therapy. Now they want a Nerve conduction Study and no one will authorize this. He needs someone to talk to.

    Kinnon’s Answer

    The fact that he is still getting paid is a good thing because the claim is still open. The frustration is the delay which often occurs under these types of claims. There are a number of very good attorneys who specialize in workers compensation claims and you should contact one if for no other reason than to understand your options and the process better.

    See question 
  • How do I stop adverse possession of my property in Snohomish County and serve the trespasser notice of eviction?

    I own a lot in Snohomish County. The owner of neighboring lot has built a shed on my lot. He has refused contact via phone, mail and face to face. He did not have my permission to use my lot. I have all the County info showing lot location, ow...

    Kinnon’s Answer

    You need to see a lawyer immediately and get a survey. Adverse possession can occur after 7 years under what as known as "color of title" (think of a writing or incorrect deed) and 10 years without it. The time frames you mention are dangerously close to this. Also the neighbor may assert other claims such as boundary by acquiescence. What is also troublesome in your fact statement is that it appears that you are relying on someone else's survey which may or may not be correct and you are using approximate locations.
    You have no time to waste. See a lawyer and act accordingly.

    See question 
  • My water main runs from a main street to my road on a utility easement. The easement has maple trees on it that broke my line ?

    The current owners aren't the culprits, but who pays when the property owners put landscaping that eventually interferes with the functionality of the easements purpose ? Can I ensure that this won't reoccur ?

    Kinnon’s Answer

    Easements are very specific and you refer to your water line as your "main" which is different than a service line. Review the easement carefully and first determine is it your easement which is appurtenant to your property or is it an easement in gross belonging to the utility. Generally the owner of the fee reserves the right to use the surface so long as it does not interfere with the use of the easement, but that is not true in all cases - thus there may be no surface rights retained. It may also spell out who maintains the line. As a general rule I agree that the damage caused by the tree will have to be paid for by the owner of the burdened property (the one who owns the tree) but you need to read your easement before jumping to conclusions.

    See question 
  • Real Estate. Home purchase. Can we have vacation, anything else to sign?

    Settlement statement HUD-1, promissory note and other paperwork is signed in escrow. My wife and I planned vacation starting tomorrow (bought airplane tickets, all-inclusive resort etc). Our adult son can pick up the keys. Any other papers that n...

    Kinnon’s Answer

    It sounds like you are all done, but call your escrow agent!

    See question 
  • Can a real estate attorney help me?

    We bought our house in November 2012. Before the purchase, the inspector found a leak above a window. The inspector said that needed to be looked at by a contractor, and our real estate agent brought in one of his friends who said it could be fi...

    Kinnon’s Answer

    There have been a number of recent cases involving hidden defects, including those that were not disclosed on Form 17. The bottom line is that if you became aware of the potential problem it became your duty to investigate further. There are a couple of cases on this issue: Watts v. Dunphy, just decided by the Court of Appeals Division I on August 26, 2013 literally a few days ago and Douglas v. Visser, 173 Wn. App. 823, 829, 295 P.3d 800 (2013), (where even when the defect was intentionally concealed the sellers were off the hook because of the duty to investigate).
    You might want to do a cost benefit analysis on this before you proceed further and discuss this wit the realtor and the inspector.

    See question 
  • After 30 years, survey found '2' original fence was a foot on ‘R’s land. Both claim ownership. Who owns fence? Who owns 1' strip

    Built in 1978, original owner built fence along right property line of neighbor ‘R’ 2nd owner ‘2’ bought in 1984, with fence still in tact. This year 2013 ‘2’ discussed a fence change with ‘R’;’ R’ didn’t agree with proposal by ‘2’ ‘2’...

    Kinnon’s Answer

    Based on the facts you have provided it appears that the property in question was adversely possessed by 2. Adverse possession occurs when a person uses/treats the property as their own for a period of 10 years or 7 years under "color of title" (think of an error in a legal description). Note however that adverse possession cases are fact specific and can be fact intensive as the person must prove all of the elements of adverse possession - open, notorious, continuous and adverse for a specific period of time. Also permission defeats a claim of adverse possession.
    My suggestion is to gather all of the facts on use first, old photos, etc. and then meet with a lawyer who handles these cases.

    See question 
  • Is it legal for a city to charge apartment owners a utility rate of one hookup per unit if there are fewer meters than units?

    A landlord in my city is preparing to take action against City Hall because he is being charged a sewer/water rate equivalent to nine hookups for the 8 units and one laundry room in his apartment complex, yet only two physical water meters service...

    Kinnon’s Answer

    Please be aware that rate setting rules of municipalities are not subject to regulatory oversight of the UTC. It sounds as if your landlord may have been violating city regulations and is in for a long fight.

    See question