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Michael Duane Daudt
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Michael Daudt’s Answers

193 total


  • Can a neighbor claim part of my land through adverse possession if there is already a recorded easement in place?

    Last year I purchased a new home from a developer. I was given a copy of the survey and was told that there was an easement behind the property. I did some research, found the recorded easement and it says that my neighbor has exclusive rights to ...

    Michael’s Answer

    While I agree with the first answer, I would add that it is possible for an easement holder to acquire land within the easement area by adverse possession.

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  • My neighbor's yard landscape is totally out of control and is coming over my 6 foot fence. How can I get him to clean it up??

    My neighbor has completely let his yard go for years. His blackberry bushes and weeds are over taking my 6 foot fence and coming over to my property. I'm going to have to replace my fence soon because of the pressure the weeds have put on my old...

    Michael’s Answer

    If you live in Kirkland, you can submit a code enforcement request online at the City's website. That's where you should start. If that doesn't work, you have legal remedies that you can pursue in court. What you are describing fits the description of "nuisance," and the court can order a property owner to abate the nuisance.

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  • 2015 neighbor objects to my paved driveway on "his" property. Prior to my 2003 purchase, original neighbor allowed construction.

    "Road" development was "blocked" by previous residents, so end of road is my only access. Prior owner's of neighboring property "allowed" construction of a designed retaining wall that is partially located across property line. Neighbor requests ...

    Michael’s Answer

    Without visiting your property or at least reviewing a detailed survey, it is difficult to assess your question. Generally, if an encroachment was "permissive" (i.e. with consent of the owner whose land was encroached upon), the encroachment cannot ripen into an easement by prescription or ownership by adverse possession. If your existing road is your only access to your property, you have a right to keep it. You should contact a lawyer to evaluate your situation and the neighbor's proposal. Based on what you've described, it sounds like it might be worth considering a negotiated resolution to clarify the rights of both parties.

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  • How do I get out of a contract believed to be invalid fraudulent?

    I entered into a partnership agreement for a business with someone who stopped participating shortly after the onset. Was never initially given a copy of the agreement, asked the attorney for a copy and was given one directly from the partner. Thi...

    Michael’s Answer

    There are several possible directions this could go depending one what your goals are and other circumstances. If you want to leave the business behind and you haven't signed personal guarantees for a lease or business line of credit, you might be able to just walk away. If you want to hold on to the business, then you need to come up with a strategy for dealing with your ex-partner. Partner "divorces" can sometimes be negotiated, but in some cases a lawsuit is necessary. If it comes to a lawsuit, you may be able to ask for rescission based on fraud, which would put you back to where you were before the partnership started. Either way, there is no simple answer to your question that can be answered here. You should consult with a lawyer to fully explore your options.

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  • Do we legally own a disputed section of our front yard? Can we fight dispute?

    20 years ago we bought a newly constructed home. The front yard was landscaped with sod, bark and bushes separating us from neighbors. We maintained that exact yard, adding underground sprinklers, trees etc. Now, after reviewing map, its in disp...

    Michael’s Answer

    You may have a good case for keeping your yard. But it will depend a lot on how clear the landmarks have been to define what everyone understood the boundary lines to be. An underground sprinkler system may not be very helpful to you if the components of it are not visible above ground.

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  • If a neighbor with a boat dock removes it and I subsequently lose my sandy beach, what are my remedies?

    Neighbors dock is adjacent to my dock. In between our docks I had a small sandy beach. After my neighbor removed his dock and built a new one the sand had dissipated into the lake and the overwhelming majority of the sandy beach area is gone. M...

    Michael’s Answer

    I'm currently working on a case similar to this. Because it is an ongoing case, I can't discuss the legal issues online. But you may very well have remedies available depending on the details of what happened.

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  • Robocalls from Charter Communications

    I have been a customer since January 2015. I only have internet service through the company. When I signed up for the service the representative repeatedly tried to persuade me to add cable to my package. I declined since I don't watch too much te...

    Michael’s Answer

    You should consult with an attorney who is familiar with the Telephone Consumer Protection Act, 47 USC § 227 (“TCPA”). What you are describing violates the internal do-not-call list rules of the TCPA. The TCPA provides for damages and injunctive relief.

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  • Neighbor built an accessory unit on their property. Only access is through our private road. They want an easement.

    Do we need to grant them an easement? The county is requiring them to have an easement agreement to make their structure legal. Several property owners own this private road. Does neighbor need signatures from all owners to get an easement?

    Michael’s Answer

    All the owners of the road would need to sign off for a valid easement. There is no requirement that you give an easement. However, they may be able to go to court to obtain an easement by "necessity."

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  • Adverse possession is the burden of proof met for open and notorious?

    I received a declaration 4 years back from my dad stating there was a dispute over properties ,he did not want them transfered before his death. If I rerecorded the deeds he would consider the dispute resolved he never followed up on this matter...

    Michael’s Answer

    You have not provided enough information to provide a real answer. You should consult with an attorney privately so that you can share all of the pertinent facts. Anything posted publicly online can be used against you if there is a future dispute.

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  • Is a contractor responsible for replacing driveway they cut to run utilities?

    In October 2014, my wife and I purchased a new house for $550,000 in a new subdivision in Kent, WA. In May 2015, we were made aware that a land developer had purchased the adjacent property and needed to cut into our driveway to exercise their ri...

    Michael’s Answer

    You have a good argument that the developer should restore your driveway to its original condition. The easement may have language bearing on this issue.

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