Kinnon William Williams’s Answers

Kinnon William Williams

Bothell Government Attorney.

Contributor Level 6
  1. Real Estate Quiet Title in Washington State

    Answered about 1 year ago.

    1. Kinnon William Williams
    2. Brett Thomas Sullivan
    2 lawyer answers

    The short answer is that a quiet title action can be brought by the estate, these are what would be called "in rem" actions. One area of concern after reading the question is the verbal agreement to not foreclose, since agreements involving real estate must be in writing to comply with the "Statute of Frauds". With that said, if the elderly widow was party to this transaction and has information regarding the promises made, it would be wise to preserve her testimony by declaration or deposition...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. How does an easement with exclusive use rights work?

    Answered 10 months ago.

    1. Kinnon William Williams
    2. Ryan Vancil Esq
    3. Shawn B Alexander
    3 lawyer answers

    As was previously noted it means that you will be the only property owner who will be able to use the easement, however the property itself, described as the "fee interest" will remain with the grantor. If you have any questions about this you should first discuss the implication of this with your realtor and then an attorney as is may impact such things as lot coverage, the ability to divide the land, etc. Usually these issues involve interpretation of the local building code so you should...

    5 lawyers agreed with this answer

  3. I am a renter and my neighbor put up a fence blocking my access to my driveway. now I have nowhere to park.

    Answered 9 months ago.

    1. Kinnon William Williams
    2. Shawn B Alexander
    2 lawyer answers

    First contact your landlord. It is the Landlord's property so he/she should know what they have. Second, it sounds like your neighbor is mixing up legal theories of prescriptive rights and adverse possession. With adverse possession and prescriptive rights the use of over 20 years will usually establish those rights. Thus the fact that your neighbor bought the property 7 years ago means that he took subject to the rights that we already established (over 10 years) or were being created by the...

    4 lawyers agreed with this answer

  4. Do I need to notify current or potential future tenants of my commercial property of any hazardous waste contamination?

    Answered about 1 year ago.

    1. Kinnon William Williams
    1 lawyer answer

    First, I assume that you hired the engineering firm that conducted the phase II. If not you should immediately retain an environmental engineering firm to represent you. If you have in fact hired a firm, you first need to explore your options and get clearer on what the exposure is. The engineering firm will have its own obligations to report the findings but you need to be educated on what the levels are and if they need to be cleaned up. Clean up requirements differ depending on the type of...

    4 lawyers agreed with this answer

  5. How do I stop adverse possession of my property in Snohomish County and serve the trespasser notice of eviction?

    Answered 8 months ago.

    1. Kinnon William Williams
    2. Shawn B Alexander
    2 lawyer answers

    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...

    3 lawyers agreed with this answer

  6. How can I terminate an easement across my property that is no longer necessary for my neighbors to reach their property?

    Answered 9 months ago.

    1. Kinnon William Williams
    2. Michael Duane Daudt
    3. Shawn B Alexander
    3 lawyer answers

    You likely have a very complicated situation based on the facts that you have set out. There will most likely be a number of documents to review as well as the county land use code. There is no way for anyone, including an experienced attorney to answer this question without reviewing the documents and it is unlikely that this will be a cost free solution since you are trying to have your neighbor access public property which cannot be given away. If you wish to pursue this you should try to...

    3 lawyers agreed with this answer

  7. I have a question regarding egress/ingress easements from property to public road. Neighbor has land locked the driveway to land

    Answered 9 months ago.

    1. Kinnon William Williams
    2. Katie Jean Comstock
    3. Michael Duane Daudt
    3 lawyer answers

    You have a number of different avenues to explore. As was mentioned earlier you should first check the title report to see if there is a recorded easement on the property and then carefully read the terms. Some easements have limited uses and even durations. Second, while you might have a claim for a prescriptive right (easement by way of adverse possession in layman's terms) you need to discuss this with the seller since the access could have been granted only by permission. Third, while...

    3 lawyers agreed with this answer

  8. How many years of use does it take to assume a road is a prescriptive easement and how do we prove it to the owner of the land?

    Answered 10 months ago.

    1. Michael Duane Daudt
    2. Katie Jean Comstock
    3. Samuel Michael Meyler
    4. Kinnon William Williams
    5. Cheryl Rivera Smith
    5 lawyer answers

    While I agree with most of what has previously been said, (that being that you likely have prescriptive rights here) there are few things you should also consider. You mentioned that this is Okanogen County and accessible by a old logging road. Within the rules of adverse possession and prescriptive rights are a number of exceptions one of which deals with the use of native or wild lands - in other words you cannot obtain prescriptive rights over wild lands. Be prepared for this argument....

    3 lawyers agreed with this answer

  9. If day 10 falls on a Saturday to file a Motion for Reconsideration, do I have until Monday to file my Motion?

    Answered 9 months ago.

    1. Daniel Matthew McLafferty
    2. Kinnon William Williams
    3. Robert M Lorey
    4. Brandy Ann Peeples
    4 lawyer answers

    The time limits set out in the rules are the maximum number of days you can wait not the minimum. My suggestion is to always file early if possible. While Saturdays, Sundays and legal holidays generally allow you to the next business day in which to file your motion, I strongly suggest that you do wait that long since local rules vary on some of the time calculations depending on the type of motion and days involved. File promptly!

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Real Estate. Home purchase. Can we have vacation, anything else to sign?

    Answered 8 months ago.

    1. Kinnon William Williams
    2. Shawn B Alexander
    2 lawyer answers

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

    2 lawyers agreed with this answer

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