Recent News

About three years ago, I posted on private condemnation generally, here: https://beresfordlaw.com/private-condemnation-a-remedy-for-landlocked-property-and-access-problems/, explaining how private condemnation can be the solution to getting access to landlocked property.  A recent case from Division II of the Washington State Court of Appeals has further illustrated how private condemnation can apply in the face of arguments over feasibility of… Read More

Real estate sales usually involve professional realtors who earn commissions when a sale closes.  But buyers and sellers have no obligation to use a realtor.  Generally speaking, parties to a real estate transaction have three options: (1) realtor representation; (2) self-representation; and (3) lawyer representation.  You should give consideration to all three options before deciding… Read More

Most people have heard the phrase “earnest money,” which generally refers to money deposited (usually with an escrow holder) to show a good faith intention of a buyer to consummate a purchase of property (usually real estate).  Buyers often do not understand how earnest money operates and what determines its fate when a real estate… Read More

Lawyers and laypersons alike are prone to self-bias.  We tend to believe in our own case, and this righteous indignation can sometimes create blind spots.  Most commonly, these blind spots include failure to appreciate evidence and arguments advanced by the opposition.  Failure to accurately gauge risk leads to poor decisions in disputes, including missed settlement… Read More

Especially since the Great Recession, distressed borrowers have felt the need to get creative in coming up with theories to avoid foreclosure.  Borrower desperation sometimes inspires borrowers to project blame on the lender for poor underwriting practices.  To paraphrase the arguments of some borrowers, “If my lender had been more careful, I wouldn’t have borrowed… Read More

Litigation against corporations can often involve large amounts in controversy.  Even when the underlying dispute is a small one, plaintiffs suing corporations may wish to motivate the corporation to settle on more favorable terms by demanding to take the depositions of high ranking corporate officers.  The officer may fear a loss or their valuable time,… Read More

Generally speaking, wrongdoers are liable for the harm they cause when they breach legal duties.  But a plaintiff who sues over such wrongdoing must prove the existence of a duty, breach of that duty, causation, and damages.  Long enshrined in American common law is a principle known as superseding cause, which holds that the “chain… Read More

Most people when discussing adverse possession claims in Washington are unwittingly referring only to one kind- common law adverse possession.  Technically, there are two basic species of adverse possession in Washington- claims based upon statute, and claims based on the common law. Common Law Elements: To establish a common law claim of adverse possession, the… Read More

Beresford Booth partner Andrew McKenzie recently served on the faculty of “Washington Land and Water Law: Ownership and Access 2023,” a continuing legal education seminar presented by HalfMoon Education, Inc. Andrew is a seasoned commercial litigator with significant experience in real estate related disputes. He also handles complex real estate transactions. The seminar is available… Read More