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Michael Duane Daudt

Michael Daudt’s Answers

170 total


  • Is there a lawyer willing to take on ATT

    I had cancelled my services from ATT wireless. ATT has not prorated the last month/final bill citing policy issue. I find it ridiculous that ATT is negating system generated proration and charging till last day of billing month. Cable, utility an...

    Michael’s Answer

    You cannot file a class action against AT&T, due to the U.S. Supreme Court's decision in AT&T Mobility v. Concepcion, 563 U.S. 321 (2011). That case held that AT&T's standard "arbitration" clause prevents AT&T's customers from suing it in court in a class action, or individually for that matter. The Concepcion ruling is essentially a license to steal from customers, courtesy of the Republican-appointed members of the U.S. Supreme Court.

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  • After what period of time does a prescriptive easement become abandoned?

    The person claims a legal right to a prescriptive easement for parking on a lot that they have not been parking on for at least 2 years. They claim to have parked there continuously for 20 years or more which they maintain gives them a prescriptiv...

    Michael’s Answer

    The law does not set a specific period of time for abandonment of an easement. Courts consider a variety of factors when determining abandonment, including the length of time since an easement was used. But mere non-use by itself is usually not sufficient to establish abandonment of an easement.

    I agree with Mr. Alexander that the facts that you describe could make it an uphill battle for the person claiming the easement to carry their burden of proof. It seems pretty sketchy for someone to claim a prior regular use when they go two years without using it. I would ask for what evidence they have of the prior use. I would also go back to the previous owner of your land and see what information they can provide about the situation. It could be that the prior owner granted permission for this person to park on the land, which would be good news for you because granting permission defeats a claim of a prescriptive easement.

    Claims of adverse possession and prescriptive easements can be pitfalls for land buyers, precisely because they do not show up on title reports unless a lawsuit has been filed. There are things a prospective buyer can do to reduce their risk, but that's an academic point for you now. The fact that you as a buyer had no notice of the claim of prescriptive easement has no bearing on its validity.

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  • Do I need a real estate attorney to express the 45 years adverse possession in public usage?

    The statute of limitations is 20 years on the usage of a road for ingress and egress, where it has been under notorious adverse possession by the public at large for a period of 45 years since 1970. Does knowledge of this law and the use of the ro...

    Michael’s Answer

    The law recognizes a prescriptive easement in favor of the public under certain circumstances, but it is impossible to tell from your question whether those circumstances are present here. However, if there is a prescriptive easement in favor of the public, it will likely require a lawsuit and a court ruling to establish it. As a practical matter, prescriptive easements have no legal recognition until a judge issues an order saying they exist.

    The one thing I can say with reasonable certainty is that the "title company" does not own any portion of the road that you speak of--that is not the function of title companies. Title companies tell you who owns land. They don't own land themselves, except maybe where the company's office is located.

    To answer your question, it would be important to know who actually holds title to the road, whether there are any recorded easements and what they say, whether there has ever been a dedication of the road as a public right of way by the current or prior owners, and, if so, whether the county (or city if it is within a city) has done anything to accept the dedication. This is likely a fairly complicated situation and it will require some investigation and a knowledgeable real estate attorney to figure it out.

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  • Can my neighbor receive compensation from City of Bothell for damage to prize Monkey Puzzle Tree?

    My neighbor ( Micky) has a prize Monkey Puzzle tree in her yard that is very rare and is listed on the top ten endangered species list. A neighbor ( Peter ) complained to the City that it's branches got in the way of the street sweeper. Micky talk...

    Michael’s Answer

    If the tree has been injured, there may be a claim under RCW 64.12.030. A link to the statute is provided below. The owner of the tree should hire an arborist to determine whether the tree has been damaged. The arborist can also provide a valuation for the tree. Under RCW 64.12.030, the owner can recover triple the amount of actual damages. A claim for that amount will need to be filed with the city before any lawsuit can be filed.

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  • Do "Live" calls to a cellular telephone number violate the TCPA?

    Do live calls to a cellular telephone number violation the TCPA when: 1 - No expressed Consent has been given to call the number 2 - Number is registered on the National Do Not Call number 3 - No established business relationship.

    Michael’s Answer

    If by "live" you mean that there is a live operator and not a prerecorded or artificial voice, then yes, such calls can be in violation of the TCPA. However, the facts that you've given do not necessarily establish a TCPA violation. Live operator calls are only a violation of subsection 227(b)(1)(A) if the caller used an "automatic telephone dialing system" to make the call. This is also sometimes called a "predictive dialer," and that is what causes that short delay that you sometimes hear when receiving such calls. For a violation of subjections 227(c), the National Do-Not-Call Registry, the call would be a violation only if it is a "telephone solicitation," which is a defined phrase in the TCPA regulations that I've linked to below.

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  • I have an easement on my property that my neighbor uses even though they have access on their property. Can it be rescinded?

    The easement is in writing. I don't believe they need to use it and can use their own. It creates problems on my property when company comes, as there is no place to park without blocking the access to the easement. They have been adamant that ...

    Michael’s Answer

    An easement cannot be removed simply because it is not necessary for the beneficiary to use it. If you want to get rid of it, you will have to come to an agreement with your neighbor.

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  • What could happen if I moved into an abandon house (i.e. Squatting)? What is the best way to do it in WA?

    I don't want to get into trouble but the house has been sitting for over 2 years and is now overgrown and has broken windows. I have attempted to contact the bank that owns it, to see if they would sell it to me cheap and they didn't even know the...

    Michael’s Answer

    What is most likely to happen is that you will get arrested for trespassing. There is no realistic chance of being able to take legal title by holding it for ten years. If the bank doesn't wake up, the county will sell it at a tax foreclosure sale, and the new owner will take possession.

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  • What steps do I need to take before I file an Adverse Possession Claim of Property?

    I have noticed that there is a vacant house and has been for almost a year, and the property taxes have not been paid in the same time. Can I claim adverse possession of the property if I make an effort to notify the legal owner, by posting a not...

    Michael’s Answer

    • Selected as best answer

    You would have to actually take possession of the property for 10 years to claim it under adverse possession. There is a seven year statute that involves situations where there is a defect in the title that the property owner received and they pay taxes for seven years, but that wouldn't apply to the situation that you describe.

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  • Neighbor's water drain pipes pour into our house Earth under my house is deteriorating and my foundation is sinking

    My foundation is sinking on one side and I had foundation specialist come in. Underneath my house I am on stumps now and the Earth is disappearing due to long term water damage. I was walking around my house and noticed the neighbors water drains ...

    Michael’s Answer

    If your neighbor's drains have been in place for more than 10 years, you may not have a legal remedy against your neighbor. If the drains are more recent than that, you may have claim. You would need to have a hydro/geotech evaluate what's happening to determine that the neighbor's drains really are the problem.

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  • Am I responsible for water runoff from my property if my neighbors property was built after mine and I have not altered anything

    My neighbor's sewage grinder pump has backed up & he is alleging it is due to downspout runoff from my property. He says it has eroded the ground & carried sediment laden stormwater into his yard & into his pump. I have owned my house for 8 mont...

    Michael’s Answer

    If your downspout drainage and other conditions on your property that could affect drainage (e.g. landscaping) have not changed in the last 10 years, you have pretty strong argument that you have a prescriptive easement to drain onto your neighbor's property.

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