ADVERSE POSSESSION IN WASHINGTON BY THE ELEMENTS EXCLUSIVE POSSESSION
What does Exclusive Possession in an adverse possession case mean? Under Washington case law, use of the disputed property by the true or titled owner may not be sufficient to defeat an adverse possession claim.
Agreement to an Adverse Use
Court finds that agreement on boundary line did not convert use to permissive. Rather, Court noted that “hostile” use means treating property as one’s own and an agreement on the boundary line, did not convert use to permissive use..
Wait, I changed my mind! Here’s your Earnest Money Back.
You are the Buyer in an Earnest Money Agreement to purchase land. For reasons that seem fanciful or illogical to you, the Seller terminates the agreement and offers to return your Earnest Money. Do you have any remedies? To compound … Continue reading →
Don’t like how your neighbor is using their property? Let’s form an HOA, then write rules to prohibit what they are doing.
Washington Court rejects attempt to force HOA on dissenting neighbor and rejects attempts to amend Road Maintenance Agreement so that HOA may be created.
Washington HOA’s – Budgets vs. Assessments
Just like the Federal Government, where there is a fight each year over the budget and then another fight over the taxes to fund it, HOA assessments, while driven by its budget, may require their own approval.
HOA’s and Short Term Vacation Rentals
You are on vacation at your favorite local vacation destination – Bend, Lake Chelan, Seaside, and think “boy I would like to have a vacation house.” Maybe you talk to a realtor, or (shudder) attend a time share presentation (hopefully … Continue reading →
Speak Now or Forever Hold Your Peace
A familiar phrase at weddings that equally applies in the home buying context. In Douglas v. Visser, 295 P.3d 800 (Feb. 25, 2013), the Washington Court of Appeals held that “[w]hen prospective homebuyers discover evidence of a defect, the buyers … Continue reading →
You Are Not Taking My Golf Course Away
You see a catchy advertisement for a home on a golf course. Can the owner of the golf course later convert it to a residential subdivision? In Riverview Community Group v. Spencer & Livingston, Case Number 88575-3 (November 20, 1014), … Continue reading →
Did You Get Permission For That Remodel?
Watz & Miller v. Tanager Estates HOA, No. 31582-7-III (WA Court of Appeals, Division Three)(08/19/14), is a two-fold story. First, it is a reminder to owners of the need to obtain pre-approval in writing before they commence construction. Second, it … Continue reading →
Exactly where is your easement?!? Gotcha, your easement must be invalid. The deed doesn’t say where the easement runs. To comply with the statute of frauds, “a contract or deed for the conveyance of land must contain a description of … Continue reading →