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Adverse possession is a legal doctrine under which Person X can establish real estate ownership over a portion of land held in record title by Person Y through X’s consistent use (i.e. possession) of Y’s property. Here is an overview: beresfordlaw.com/adverse-possession-in-washington-state/. Adverse possession is codified under RCW 7.28 et seq. Generally, one cannot adversely possess against… Read More

In 2022, the Washington State Legislature adopted several significant changes recommended by the Washington State Partnership Law Committee. In a previous post, I discussed two of these significant changes: (1) a member may voluntarily withdraw from a limited liability company at any time; and (2) a transferee of all of single-member’s LLC interest is automatically… Read More

April 28th, 2022 David Tingstad and Per Oscarsson discuss changes made to the LLC Act. Read More

Introduction Since approximately 2010, I have had the privilege of participating in Washington’s Partnership Law Committee.  One of the functions of the Committee was to completely revise our LLC Act, which was achieved in 2016.  The Committee continues to work to improve our LLC Act and the 2022 legislature adopted several significant changes dealing with… Read More

Community associations rely upon regular assessments and special assessments paid by their owners to address their collective common expenses. Sometimes, however, owners cannot pay their assessments.  Such unfortunate circumstances require community associations to review their options on how to collect the needed unpaid assessments.   To understand a community association’s possible avenues for collection of assessments,… Read More

One might think that the “handshake deal” is a thing of the past but it continues to thrive in the construction industry.  After representing many contractors in various lawsuits with owners and other contractors, I have concluded that almost everything comes down to the quality of the contract between parties.  Surprisingly, as often as not,… Read More

Condominium and homeowners associations typically govern their communities through their CC&Rs, bylaws, and rules and regulations. Although not always the case, the CC&Rs often tackle big ticket items such as maintenance and repair obligations, damage and destruction to the units and common areas, insurance coverage, condemnation proceedings, and other such matters. The bylaws, on the other hand,… Read More

March 3rd, 2022 attorneys David Tingstad and Per Oscarsson present Representations and Warranties in Various Types of Deeds. Read More

Real estate disputes frequently involve disagreements over rights of ownership, possession, and use of property.  However, the rigors of the litigation process and the ability of courts to process cases typically means it will take a year or more before the case gets resolved through a trial on the merits.  What do the parties do… Read More