Recent News

A Contractor’s Scope of Work Must Qualify as an “Improvement Upon Real Property” to Trigger the Statute of Repose

Washington State Real Estate Lawyer Ryan G. Foltz | 11/15/2023
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

There’s a New Real Estate Law! Washington’s Uniform Easement Relocation Act

Washington State Business & Real Estate Lawyer William O. Kessler | 9/22/2023
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

Shaking Up Real Estate Transactions in WA – the Effect of SB 5191

Washington State Business & Real Estate Lawyer William O. Kessler | 9/19/2023
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

Two Kinds Of Adverse Possession In Washington: Statutory Vs. Common Law

Washington State Litigation Lawyer Andrew M. McKenzie | 9/6/2023
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

Common Grantor Doctrine 

Washington State Business and Real Estate Law Lawyer Babak Shamsi | 9/5/2023
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

My Property Line is Obvious – Or is it?

Washington State Business & Real Estate Lawyer William O. Kessler | 8/23/2023
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

Real Property Tax Appeals

Washington State Business and Real Estate Law Lawyer Babak Shamsi | 8/9/2023
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