Washington’s New Transfer on Death (TOD) Deed
Whether it’s the cautionary tale of Bleak House, or other tales of probate woe, many seek to avoid probate at all costs. The typical vehicle for avoiding probate with real estate was to move the property into a trust, usually … Continue reading →
It’s my property and I’ll do whatever I want on it? You’ve heard this phrase before, but what if you hear it from your neighbor and what he wants to do is to purposefully build a fence solely to destroy … Continue reading →
Deeds – A General Overview
While Oregon and Washington statutes do not mandate the use of specific language or forms of deed when real property is bought and sold, each state does provide statutory forms, which if utilized, control what if any warranties (guarantees) are … Continue reading →
New Statute Reduces the Statute of Ultimate Repose for Design Professionals Working on Large Commercial Structures
A new Oregon Statute (SB 46) will provide more protection to design professionals (persons registered to practice architecture, landscape architecture, and engineering) for work involving certain large commercial structures, by reducing the statute of ultimate repose for actions from 10 … Continue reading →
New Oregon Law on Electric Vehicle Charging Stations Impacts Owners’ Associations
A new Oregon law, HB 3301, allows the installation and use of electric vehicle charging stations for personal non‐commercial use in homes in subdivisions and parking areas in condo’s, even if the subdivision/condo’s declaration or bylaws contain contrary provisions. Prior to … Continue reading →
Renter’s Insurance – Can Your Lease Require it?
The Oregon Legislature answered this question in its last session via Senate Bill 91 which allows landlords to require tenants to obtain and maintain renter’s liability insurance with limitations. One potential problem in the bill is a limitation that insurance may not … Continue reading →
Maintenance of a Common or Shared Driveway or Private Road in Oregon. What if there isn’t a written agreement?
As noted in a previous post, this question was answered in Washington in the Buck Mountain case. In Oregon, the Legislature has addressed the question – ORS 105.170-185, giving powerful tools to users of shared easements to ensure that they … Continue reading →
I Have a 25 Foot Wide Access Easement – Can I Build a 25 Foot Wide Driveway?
Stated another way, can I use my easement to the fullest extent possible, even over the objections of the owner of the property that the easement runs across? In Oregon, one of the leading cases addressing this question is the … Continue reading →
What Are You Doing in My Easement – Or How Not to Lose an Easement
The case Slak v. Porter, 875 P.2d 515, 128 Or.App. 274 (1994), is a great example of how a property owner may take deliberate action to terminate or extinguish an easement that runs across their property. To summarize the case, … Continue reading →
Yours, Mine, Ours? Trees and Neighbors (Washington)
An ongoing source of frustration between neighbors are trees. Usually the tree is clearly on one neighbor’s property, but its branches cross the property line. An alternative is that the tree’s roots cross the property line. While the offending branch … Continue reading →