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Who May Sue and be Sued;Parties

It is not necessary that the owner of the real property shall be made a party to an action by the tenant to maintain his right of possession against a wrongdoer.[i] For instance, Under Wash. Code § 5433 a proprietor is entitled to maintain an action to restrain the malicious erection of any structure intended to spite, injure, or annoy an adjoining proprietor.  The word “proprietor” means the person occupying the premises either as tenant or owner.  In Winsor, 31 Wash. 365, plaintiff tenant brought an action to enjoin defendants, tenants of an adjoining building, from closing up an entrance that afforded access to a hotel occupied by plaintiff.  The court held that it was not necessary that the landlord be made a party to plaintiff’s action to maintain his right of possession against a wrongdoer.  Hence, a lessee can bring an action under a statute providing that an injunction may be granted to restrain the malicious erection of any structure intended to spite, injure, or annoy an adjoining proprietor.

In addition, the owner of the property is not a necessary party to a proceeding to compel a tenant to remove a spite fence erected by the tenant with the consent of the landlord.[ii]

[i] Winsor v. German Sav. & Loan Soc., 31 Wash. 365, 368 (Wash. 1903)

[ii] Wilson v. Irwin, 144 Ky. 311 (Ky. 1911)


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