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John Donald Sullivan's Answers
- 114 Legal Answers
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1
Attorney answers:
Definition for easement by prescription under WA state law
Most easements are obtained by an express grant in the form of a deed. However, prescriptive easements arise when someone uses part of the owner’s property without his or her permission. This use may result in the loss of certain rights in a portion of the owner’s property, such as a bicycle path, a driveway or a footpath. The use generally must be for a period of at least ten years, and it must be adverse, continuous and uninterrupted, open and notorious, hostile to the owner's title....
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3
Attorney answers:
WA state real estate law, maintaining an easement
If the neighbor's fence or shed (you don't say which) extends into the easement, you can bring a legal action known as ejectment to force him to remove it. However, there are two caveats. First, I assume there is a recorded easement document, in which case that document will govern who can do what in the easement area. Second, if the encroachment has been in place for more than 10 years, the easement could be extinguished as to that area under the doctrine of adverse possession. You should...
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1
Attorney answers:
How do you calculate the lease amount for a commercial space if you are quoted at $15-16 per foot on a 900 square foor space?
That's a great question, as many people do not know what this type of rent quote means. The $15-16 "per foot" is actually more acurately described as "per rentable square foot per year." Thus, $15 for a 900 rentable sqft space would be $15 x 900 = $13,500.00 per year, or $1,125.00 per month. It is also important to understand the concept of "rentable" square feet, which can be measured in different ways. "Rentable" area is "usable" area plus a "load factor." It is a method for...
3 people marked this answer as helpful
1
Attorney answers:
I just bought a new home and want to put up a fence, do I need to get neighbor's permission
If the neighbor's stuff is truly on your property, then he is obligated to remove it. You should send him a written demand to remove it. Hand delivery (best with a witness) or certified mail would be best. The demand should give him a reasonable (depending on what it is) time to remove it and say that if it isn't removed by then, you will dispose of it. However, I suspect there is more to your question; i.e., has the neighbor acquired some sort of right to have his stuff there. More...
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1
Attorney answers:
Neigbhor built fence blocking my access to property violation of easement, rights under WA real estate law
The answer to your question depends on exactly what rights you own. This will depend on how the easement was obtained (by a deed or by implication) and, if it is by deed, exactly what the deed says. Generally speaking, the holder of an easement has the right to use the property for the purposes granted under the easement, and the owner over whose land it goes cannot do anything to prevent such use. However, under certain circumstances, the owner can install a gate across an access easement...
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3
Attorney answers:
Home owners association violation
Yes, if authorized by the Covenants, Conditions and Restrictions (CC&Rs) affecting the a property and governing the homeowners association. The CC&Rs and other governing documents determine whether the association can lien the property for unpaid assessments and/or fines. The Washington Homeowners Association Act, RCW 64.38.020, expressly authorizes homeowners associations to adopt rules and schedules of fines for violations of the CC&Rs and/or rules. However, the adopted rules have to...
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2
Attorney answers:
Will a quit claim deed executed 10 years ago affect a wife's ability to get home after husband dies per his will
If your husband executed a quitclaim deed to someone else, then he no longer owns the property. He can't devise by will something he doesn't own. You definitely should consult an attorney about your specific situation. PLEASE BE ADVISED: This answer and any information contained herein is not intended to be treated, and should not be construed, as legal advice. Rather, this answer is offered solely for general information purposes. This answer does not create an attorney-client...
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2
Attorney answers:
Homeowner didn't pay mortgage - foreclosure/seling our rental
I do not agree with the earlier answer. Most likely, any lender would pursue a nonjudicial foreclosure. Until you receive a Notice of Trustee's Sale, which must be sent to the occupant via certified mail and posted on the property at least 90 days before a foreclosure, it is speculation that there might be a foreclosure. Failure to timely pay rent is a clear breach of the lease and could result in an unlawful detainer action to evict you. This could happen in a matter of weeks -- well...
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2
Attorney answers:
WA real estate law, adverse possession
The first thing you need to do is find out if they have any other legal basis to locate the driveway where it is, such as an easement. Given that the builder put it in, it is more likely they may have an easement. You likely obtained title insurance when you purchased the property. Your title insurance policy should tell you if there is an easement. On the other hand, if there was one, I would think your neighbor would give that as the reason for keeping it there. The doctrine of adverse...
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Attorney answers:
Commerical tenant's rights, WA state landlord tenant act
I generally agree with Perry's answer. The terms of the lease will control and, as he says, the provision needs to be read in the context of the entire lease. Given the amount of rent involved, however, it is definitely worth having a real estate attorney knowledgable in commercial leasing review the lease and the detailed facts. A strong letter from an attorney explaining the landlord's obligations may be sufficient, without needed to file a lawsuit. Typically, costs are allocated...
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