Recent News

Your uphill neighbor has a large backyard. Until last month, it was all grass. But he just finished a huge new concrete patio. So where does all the rainwater flow now? Turns out he’s installed drains in the patio, and the water empties onto your boundary line. Then it flows straight downhill, pooling near your… Read More

Most of the time, an owner of real estate can sell it to whomever they wish, under the terms which they and their chosen buyer mutually deem acceptable.  However, in some cases, that right to sell is restricted.  A “right of first refusal” (“ROFR”) is the right of a third party to purchase property from… Read More

In 1907, the state of Washington adopted the Torrens land registration system as an optional alternative to the recording system. The recording system required documents relating to real estate to be recorded with the county auditor of the county in which the real estate was located. (In King County, the county recorder, not the county… Read More

In Washington’s damp climate, properly constructed waterproofing systems are essential in new homes to prevent leaks, rot, and structural damage. Over time, water intrusion leads to extensive damage to interior finishes and can compromise the structural integrity of the home.  Hidden or latent defects in construction are not immediately apparent. These unknown defects can cause… Read More

When selling a home, the selling party will typically pay a 5-6% commission to the listing agent, who then pays a negotiated portion of that commission (often, but not always, half) to the buyer’s agent. Technically, the commissions are negotiable, but the National Association of Realtors (NAR), a powerful trade association boasting over 1.5 million… Read More

Easements present one of the most common encumbrances affecting title to real property. An easement allows a property owner to use someone else’s land for a specific purpose, such as ingress and egress, parking, utilities, and even temporary construction. My colleague, Andrew M. McKenzie, wrote an excellent blog post here regarding methods for determining whether… Read More

Security interests in certain types of personal property in the state of Washington are perfected only by filing a Uniform Commercial Code financing statement with the Washington Department of Licensing. “Perfection” of a security interest is important because it is a concept used to determine the priority of competing security interests in the same collateral.… Read More

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

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