This article is meant as an overview and explanation of the main differences between a claim seeking title by adverse possession, on the one hand, and a claim seeking to establish the existence of a prescriptive easement, on the other.
A Sheriff’s deputy and his drug-detecting K-9 companion in (the ironically named) Liberty County, Florida pulled over William Harris for a routine traffic stop. Observing Harris’s nervousness and an open beer can, the deputy (Wheatley) asked for permission from Harris to search Harris’ vehicle. Harris refused to consent to the search, so the deputy … Continued
On May 23, 2012, two women serving in the United States military filed suit challenging the restrictions on women serving in combat roles. The two women, Command Sergeant Major Jane Baldwin, and Colonel Ellen Haring, filed the lawsuit in the United States District Court for the District of Columbia. The suit has obviously been in … Continued
On April 26, 2012, the Maryland Court of Appeals issued an opinion finding that an owner of a pit bull, or of a pit bull mix, is ‘strictly liable’ for injuries caused by such animal. This changed what had been the rule in Maryland: that a dog owner is liable only upon proof … Continued
For anyone who is curious, here is the Judge’s Order Dismissing, on Summary Judgment, Howard Stern’s lawsuit against Sirius/XM Satellite Radio. Judge’s Opinion Be sure to “Like” us on FaceBook.
On March 21, 2012, a unanimous Supreme Court decided the case of Sackett v. EPA. Two justices, Ginsburg and Alito — not typical ideological allies — each filed a concurring opinion. The Sackett case is important, as it helps define the limits of unilateral action by government agencies, i.e., it recognized that an … Continued
The basic rule thus established in Williams v. Tilaye is that in order to invoke the attorney fees scheme under RCW 4.84.250-.300, a plaintiff must make an offer of settlement 10 days before the initial hearing whether it is a trial or an arbitration. Because the Plaintiffs in the Williams case did not make an offer at least10 days before the mandatory arbitration, they were not entitled to attorney fees under RCW 4.84.250-.300.
official finding letter of the United States Department of Justice Civil Rights Division regarding its Investigation of the Seattle Police Department
As an attorney who practices extensively in the area of real property litigation, I am frequently called upon to prosecute or defend cases involving a claim of adverse possession, and am approached by individuals who either have only a basic understanding of what adverse possession is, or who have formed misconceptions about what it means and how the doctrine is applied. This article is intended as a primer for non-attorneys — individuals who are interested in learning the basic contours of the doctrine of adverse possession as it applies in the state of Washington (although the law of adverse possession is similar if not identical in most states).
Anybody who buys or sells residential real estate (as well as the agents and brokers who assist in structuring and evaluating offers) should be aware of the significant consequences of changes made to the standard MLS Purchase and Sale Agreement form. It has long been the law in Washington that a seller of real estate … Continued