Recent News

Washington State Lenders Beware! Is Your Mortgage Unenforceable?

Washington State Business & Real Estate Lawyer William O. Kessler | 6/5/2024
In its recent opinion in Wilmington Savings Fund v. Hopkins, the Washington Court of Appeals put lenders on notice: the Court might not run interference for your sloppy drafting. In Hopkins, Mr. and Mrs. Hopkins owned their home through a living trust. In the wild west lending days of 2007, Lender lent $250,000 to Mr.… Read More

Lessons From A Failed Land Development Deal

Washington State Litigation Lawyer Andrew M. McKenzie | 5/17/2024
Developing land is often complicated.  The would-be developer must take into account a host of considerations, not the least of which are: (a) property acquisition; (b) financing; (c) zoning; (d) presence of environmentally critical areas; (d) local development codes; (e) subdividability; (f) bureaucracy and politics of local jurisdictions; (g) market forces; (h) title issues; (i)… Read More

2024 Housing Reform Progress Report

Washington State Business and Real Estate Law Lawyer Babak Shamsi | 5/14/2024
Washington State has recently undergone significant changes in housing legislation. My previous blog posts here, here, and here, outlined some of the most substantial reforms pertaining to housing density adopted in 2023, which specifically related to multiplexes and accessory dwelling units. While 2024 has seen additional housing reform stall by comparison, as outlined in my blog post here, the legislature did pass… Read More

More On Private Condemnation To Access Landlocked Property

Washington State Litigation Lawyer Andrew M. McKenzie | 5/3/2024
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

Rights and Responsibilities Pertaining to Encroaching Trees and Boundary Trees

Washington State Business and Real Estate Law Lawyer Babak Shamsi | 4/1/2024
Us residents of Washington State often consider ourselves lucky to live in an area with an abundance of beautiful trees. Naturally, however, the ubiquity of beautiful trees throughout our state has led to the growth of a significant body of law relating to the ownership and maintenance of trees as between neighboring property owners. Indeed, my colleagues… Read More

Does a Real Estate Contract Affect Your Property?

The Lawyers at Beresford Booth | 3/27/2024
Real estate contracts were a common form of providing for the purchase and sale and financing of real estate. Under real estate contracts, the buyer purchased the property from the seller and agreed to pay the seller the balance of the purchase price in installments.  (Real estate contracts are to be distinguished from the now… Read More

Housing Reform Stalls in 2024

Washington State Business and Real Estate Law Lawyer Babak Shamsi | 3/25/2024
In 2023, the Washington State legislature passed multiple statutes in an effort to tackle the housing issues facing the public, chief among them, HB 1110 discussed here and here, and HB 1337 discussed here and here (the latter discussing HB 1110 as well). The passing of these laws will have a significant impact on housing in Washington… Read More