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..
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 →
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.
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 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 →
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 →
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 →