Recent News

Can I Sell My Property If It Has A Lien On It?

Washington State Real Estate Lawyer Andrew M. McKenzie | 2/13/2025
A “lien” is typically defined as a right to enforce a charge upon property of another for payment or satisfaction of a debt or claim.  Stated another way, in the real estate context, it is a claim of a security interest in someone’s property to secure the payment of a debt.  Liens can either be… Read More

Can a Homeowners’ Association Ban Short-Term Rentals?

Washington State Real Estate Lawyer Joshua G. R. Curtis | 1/31/2025
As the popularity of Airbnb, Vrbo, Vacasa, and other websites have grown, disputes between short-term rental (“STR”) owners and their neighbors have caused people to lobby for changes in how STRs are regulated.  Many cities and counties have passed laws to ban STRs, but in jurisdictions where the government is not interested in regulated this… Read More

I Have to “Cooperate” With My Title Insurance Carrier?

Washington State Real Estate Lawyer William O. Kessler | 1/30/2025
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

What is an Easement for Ingress and Egress?

Washington State Real Estate Law Lawyer Babak Shamsi | 1/27/2025
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

Progress of Comprehensive Plans for Housing

Washington State Real Estate Law Lawyer Babak Shamsi | 1/27/2025
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

My Neighbor is Flooding My Property! What Can I Do?

Washington State Real Estate Lawyer William O. Kessler | 1/21/2025
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

What Is A Right Of First Refusal In Real Estate?

Washington State Real Estate Lawyer Andrew M. McKenzie | 12/3/2024
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

The End of Registered Land Titles in Washington

The Lawyers at Beresford Booth | 11/19/2024
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

Waterproofing Woes: Washington Law Impacting Water Leaks in New Homes

Washington State Real Estate Lawyer Ryan G. Foltz | 10/30/2024
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