Recent News

In the recent Washington Court of Appeals case Cherberg v. Fidelity National Title Ins. Company, the Cherbergs bought their dream home – or so they thought. The property purported to include access to a waterfront dock. But two "exclusive easements" encumbered the property—easements granting the sellers / next door neighbors sole access to the dock, i.e. excluding the… Read More

An easement gives a legal right to use another person’s real property for a specific purpose. Fundamentally, an easement for ingress and egress serves the purpose of permitting another property owner the right to enter and leave a property that does not belong to that property owner. In other words, with an easement for ingress… Read More

In 2023, Washington State underwent significant changes in housing legislation in 2023. Some of the major changes pertaining to multiplexes and accessory dwelling units, in particular, have been discussed previously in blog posts here, here, and here. The relevant laws went into effect on July 23, 2023, and the law requires Cities to adopt compliant zoning laws within… Read More

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