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Washington Land Use & Zoning Questions & Answers
1 Answer | Asked in Contracts, Domestic Violence, Land Use & Zoning and Real Estate Law for Washington on
Q: My ex fiance and I signed a year lease in October he got worse with angry issues & verbal/emotional abuse. I need off.

What can I do to get off lease without penalties?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 24, 2018

While you may be held liable for your duties under the lease, if you leave the home to protect yourself from actual domestic violence, and if your ex doesn't pay the lease in full and on time, your landlord might pursue both of you in court for breach of contract and any owed monies (or your... Read more »

Q: Would a current Land Patent from 1865, supersede the 1969 Clark, WA, code regulation regarding land use in a flood way ?

I have 2.5 acre along the Lewis River, I have mineral rights and an updated Land Patent from the Oregon Land Grant act.

A structure was built in 1968, one year before Clark County WA code development existed. The structure was removed in October 1997, because of a flood caused by the 3 dams... Read more »

Walker Weitzel
Walker Weitzel answered on Apr 25, 2017

A land patent is the highest proof of title over land. It is extremely authoritative. With that said, the laws of the jurisdiction will dictate your ability to use and develop the property. Ownership is only a piece of the puzzle. Your rights to improve the property are still subject to Oregon law.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Washington on
Q: Can my neighbor claim adverse possession to 6 in of land inside my property line, but on the outside of a fence I built?

The fence has been standing for ten years in the state of Washington. The fence was put up by my family, so they did not actively seek to take the land from us. We want to move the fence over by 4 inches to accommodate the new home we built. They are claiming adverse possession. They have not... Read more »

Marjorie Simmons
Marjorie Simmons answered on Sep 13, 2016

The state law governing adverse possession is at RCW 7.38 (http://app.leg.wa.gov/RCW/default.aspx?cite=7.28&full=true). Generally, to make such a claim they must have been actually possessing the land in an open, notorious fashion, in good faith, under a claim of right for a period of 7 years,... Read more »

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