Many Seattle area homeowners, owing more than their properties are worth, are seeking to increase the value of their property with the construction of backyard cottages. These “detached accessory dwelling units” allow homeowners an opportunity to supplement their income or create a guest cottage for visiting friends and family. The “detached accessory dwelling units” were [...]
Tree protection regulations in Seattle
Trees are valued in Seattle and legally protected in a variety of ways. Tree protection regulations are contained in the Tree Protection Ordinance, Seattle Municipal Code (SMC) 25, 11, as well as the Environmentally Critical Area Code, SMC 25.09. Much of Seattle consists of areas designated as “environmentally critical.” These areas include steep slopes, wetlands, [...]
Foreclosure Fairness Act
Last week, Washington joined two other states (Nevada and Maryland) giving homeowners facing foreclosure the right to third-party mediation. The Act is designed to give homeowners an opportunity to obtain loan modifications necessary to avoid foreclosure. Lawmakers hope that the required mediation will lead to a reduction in the amount of foreclosures as well as [...]
Citing equity, courts can take your property
The Huntingtons built their house, well and garage on Noel Proctor’s property. Instead of having the property surveyed prior to building, the Huntingtons mistakenly believed that a survey pin marked the corner of their property. It didn’t, it was actually 400 feet from the true boundary, having been placed there by a prior property owner [...]
Summary Judgments
Not every dispute that winds up in court goes to trial. In fact, most cases are resolved through settlement. Other cases are resolved prior to trial on summary judgment. A court can issue a summary judgment for either party on any (or all) issues. The lawyers for the parties will file briefs setting out the [...]
Easement Scope: What can an easement holder do?
A common issue that arises in easement cases concerns the scope of uses that an easement holder can make of an easement versus what uses the burdened property owner can make of their property. To answer that question, the first stop is the easement document itself. What does the easement say? The scope of an [...]
Title Insurance does not cover interests not acquired
In something of a no-brainer, Division II of the Court of Appeals upheld a summary judgment in favor of First American Title against breach of contract claims brought by an insured. The insured, Dennis Pavina, bought Lot 1 in a Vancouver area subdivision that had been created in 1988. As part of the process in [...]
Mowing not enough for adverse possession
Division One upheld a summary judgment in favor of the owners of undeveloped property in Skagit County against the adverse possession claim of their neighbors. The dispute involved the Plaintiffs’ claim that by mowing of a portion of the Defendants’ undeveloped land for a period of more than ten years, they had acquired the property [...]
Seattle tree policy conflicts with views
The Seattle PI recently ran a story on the possibility of Seattle changing its policy regarding the trimming and removal of trees. Despite a reputation as an environmentally friendly area, Seattle has been losing its tree canopy at an alarming rate. This, despite the fact that very few permits are given out each year. Read the [...]
Justice Souter on plain language and complex meanings
Simple words do not have simple meanings. Justice Souter’s address to the Harvard graduating class last week was an eloquent explanation of the debate between the strict constructionists (Scalia et. al.) and those that take a more nuanced view the Constitution (the “fair reading model” of constitutional interpretation). Justice Souter discounted the originalists’ “simplistic view [...]
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