Archived
HOA member not using common road - inquiring about legality of road maintenance and installation of gate assessments
Michael's answer
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Answered on June 30, 2013
If your property is identified in the CC&Rs, then you are legally part of community are probably on the hook. The fact that a property owner...
Can the owner of a strip of land between our fences keep me from using the land if he has not used the land for several years?
Michael's answer
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Answered on June 28, 2013
In legal terms, what you are asking is whether you have acquired a prescriptive easement over the 5 foot strip between the fences. The answer to...
Archived
1100 sq ft white oak floor failed. Contractor wants more money for a bandaid fix. What can I do?
Michael's answer
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Answered on June 27, 2013
You should hire a lawyer to evaluate your case. An experienced construction attorney will probably advise you that you should demand (and, if...
Archived
I am a landowner and other people use an easement (dirt road), that is on my land for use to get to there homes.
Michael's answer
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Answered on June 25, 2013
In the absence of a joint maintenance agreement that spells out who is responsible for maintenance of an access road easement, the joint users are...
Archived
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?
Michael's answer
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Answered on June 16, 2013
It takes 10 years of use in Washington to acquire a prescriptive easement. The 10 years can met by combining time periods of successive...
Archived
Statue of limitation in WA for defective performance
Michael's answer
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Answered on June 13, 2013
The general rule in Washington that a contractor cannot be sued more than 6 years after work is completed. The terms of a written contract may...
Archived
Neighbor is trying to adversely possess our Community walkway that leads to the river.
Michael's answer
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Answered on June 06, 2013
Anyone that benefits from a public right of way can bring a lawsuit for a judicial determination concerning the status of the right of way. If...
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Archived
Construction lien for sub contractor on commercial tenant space
Michael's answer
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Answered on May 28, 2013
The tenant may very well be the "agent" of the owner for purposes of avoiding the notice requirement of RCW 60.04.031. However, from the...
Archived
If a mechanics lien was filed befor a notice of lien what should the company filing the lien do to correct it.
Michael's answer
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Answered on May 27, 2013
It is a bad idea for anyone to attempt to file a mechanics' lien on their own without the assistance of an attorney. It is easy to make costly...
Archived
Can a workers wage claim be assigned to a corporation?
Michael's answer
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Answered on May 27, 2013
The statute providing for double damages and attorney's fees for a willful failure to pay wages, RCW 49.52.070, references the "employee or his or...
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