In a recent Division I opinion, the Court of Appeals reiterated that condominium assessments enjoy super status compared to other lien holders. In BAC Home Loans Servicing v. Fulbright, the Court addressed Bank of America’s attempt to protect its security interest in a foreclosed condominium against the claims of a purchaser at a foreclosure sale. [...]
2013 Urban Forest Symposium
On May 13, 2013, Plant Amnesty and the University of Washington Botanic Gardens will be hosting a symposium on trees and views. The symposium will include several prominent guest speakers addressing the issues that arise when views and trees come into conflict. Topics will include the methodology behind valuing trees and views, government view and [...]
Adverse possession and public property
People acquire property—and lose property—by adverse possession when certain facts have been present for more than ten years. The facts center on the possessor’s use and occupation of the “true” owner’s property. The use may have been by a prior possessor. I have addressed the elements in a previous post. The purpose of this post [...]
Inverse condemnation—what’s that?
Governments (federal, state and local) pass laws and regulations that impact the use of private property. Sometimes those government regulations are so restrictive that a private property owner has a right to compensation for the “taking” of his or her property. Recently, a landowner with property adjacent to the state penitentiary in Walla Walla, claimed [...]
Tenant as implied co-insured
What is an implied co-insured? Disputes about insurance coverage arise all the time. After all, someone will need to pay for the repair after an event that causes significant damage. Often, we look to insurance companies to pay. They often don’t want to. Recently, the Court of Appeals, considered whether a commercial tenant is an [...]
What is mediation and why do it?
Mediators are trained (usually) professionals that assist parties in solving their dispute. A mediation is usually held in an office with the parties in separate rooms. (Although in facilitative mediation the parties would be in the same room with the mediator). The mediator goes back and forth between the rooms working with the parties to [...]
Time for your deposition
Most lawsuits settle. But, there may be a time when the opposing attorney will have you in the hot seat answering questions under oath. Attorneys have the right to require parties and witnesses to answer questions during the discovery process. It can be a nerve wracking time. Most lawsuits settle because of what happens during [...]
No attorney’s fees for you!
Even with the most economical approach to handling a dispute, attorney’s fees and costs can often overwhelm a dispute if the amount in controversy is less than $10,000 or even $20,000. In order to insure that meritorious claims are still economically viable, Washington enacted two rules. In cases involving less than $50,000 in controversy, the [...]
Alleys dedicated for public use cannot be adversely possessed
The Washington Supreme Court answered an often asked question by clearly stating that alleys dedicated for public use cannot be adversely possessed. The case is Kiely v. Graves and concerns competing claims to a portion of an alley that had been vacated by the city of Port Townsend. William and Sally Chapin Kiely were neighbors [...]
100 days until trial: What is your attorney doing?
Most cases do not go to trial. Parties will often voluntarily negotiate a resolution or reach a compromise with the help of a professional mediator. Sometimes matters end after a judge grants a motion (request) for summary judgment. But what if a case isn’t settled or resolved and the trial date is approaching? What does [...]
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