Recent News

Does a Permissive Easement Require a Document Titled a “Deed” in Washington?

Washington State Business and Real Estate Law Lawyer Per E. Oscarsson | 5/31/2022
In Washington, one way a real estate owner can grant another real estate owner the right to use the first real owner’s real estate for a particular purpose is for the first owner to grant the second owner an easement.  Under Washington law, an easement is an interest in real estate.  It is a non-possessory… Read More

Adverse Possession Against the Government in Washington State?

Washington State Business & Real Estate Lawyer William O. Kessler | 5/24/2022
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

Notable New Amendments to the Washington LLC Act: Part Two

Washington State Business and Real Estate Lawyer David C. Tingstad | 5/18/2022
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

Notable New Amendments to the Washington LLC Act

Washington State Business and Real Estate Lawyer David C. Tingstad | 4/27/2022
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

Collection Options for Community Associations

Washington State Real Estate Law Lawyer Babak Shamsi | 4/12/2022
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

Construction Contracts: Why a Handshake Is Not Enough

Washington State Litigation Lawyer J Patrick Diener | 3/17/2022
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

Rules of Community Living

Washington State Real Estate Law Lawyer Babak Shamsi | 3/16/2022
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