Recent News

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

In Washington State, the county assessor values real property to reflect the property’s true and fair market value, in accordance with its highest and best use. The assessor bases the value on what a buyer in an arms-length transaction would pay for the property. The county assessor may use several different methods to appraise real… Read More

August 3rd, 2023 Beresford Booth attorney Per E. Oscarsson talks about the Washington Real Estate Excise Tax. Read More

Mortgages and deeds of trust often secure loans that provide for one or more advances by the lender. Depending upon the loan involved, the lender may be obligated to make the advance or the lender may have the discretion to make the advance. Typically, a mortgage or deed of trust has priority over most other… Read More