Recent News

A “partition” is a legal action that involves multiple owners as tenants in common of a parcel of real estate. It is governed by statute, RCW chapter 7.52. Generally, the purpose of a partition is to divide the property so that each owner owns a distinct portion rather than sharing ownership of the larger parcel.… Read More

Washington’s statute of repose, RCW 4.16.310, provides contractors with broad defenses to stale or untimely claims. In fact, the construction statute of repose “terminates the right to file a claim after a specified time even if the injury has not yet occurred.” Wash. State Major League Baseball Stadium Pub. Facs. Dist. v. Huber, Hunt &… Read More

October 26th, 2023 Beresford attorney Eli K. Yim presents For Sale by Owner: Engaging a Lawyer in Real Estate Transactions. Read More

Washington’s Uniform Easement Relocation Act (“UERA”) – effective on July 23, 2023 – allows a landowner burdened by an easement to relocate that easement in certain circumstances, even absent the consent of the neighboring landowner who is benefitted by that easement. The UERA – codified as RCW 64.65 – applies to all easements created by… Read More

Earlier this year, the Washington State legislature passed Senate Bill 5191. SB 5191 imposes a dual duty upon real estate brokers, i.e. a duty to both buyers and sellers alike, thereby shattering the current landscape of real estate transactions. The legislature used SB 5191 to take aim at a recent Court of Appeals decision. Falcon… 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

In Washington State, owners commonly find themselves in situations where they have long possessed land, only to find out – typically through a survey – that some of the land they think they own sits outside of their record legal boundaries. This creates a conundrum in which a property owner has exercised longstanding ownership rights… Read More

Most buyers of real property do not wonder “what land did I buy?” Usually that question has an easy, intuitive and straightforward answer. But not always. Your legal description is the law’s expression of your property’s dimensions. Absent claims like adverse possession, a buyer of real property effectively purchases whatever is provided in his or… Read More

August 10th, 2023 Beresford Booth Attorney William O. Kessler talks about Damage to Land Adverse Possession and… Insurance? Read More