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Washington Real Estate Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Washington on
Q: Question about legalities and ethics regarding a home insurance claim.

Had a grease fire in my kitchen so I started a home insurance claim. Well before I have even gotten the adjuster to come do the inspection I'm getting calls from people trying to buy my "fire damaged home" . I asked how how they got my info and was told they got it from my... View More

Tim Akpinar
Tim Akpinar
answered on Oct 30, 2023

A Washington attorney could advise best, but your question remains open for a week. I'm sorry about your fire. It could depend on what your arrangements were - and what you and the carrier agreed should be done with the house. If you reached out to local attorneys, they would probably want to... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: Can I leave an easement gate open?

In order to get to my property I must use an easement through my neighbors property. They have put a combination lock on the gate and request it be closed at all times. We prefer to keep the gate open during the day as it’s a hindrance to get out and open and close the combination lock... View More

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

It is not unreasonable to ask that the gate be closed behind you. If it is a nuisance using the lock, I would explore the possibility of installing a remote control automatic gate opener. The cost of a solar powered or battery powered automatic gate opener is significantly less than the cost of... View More

1 Answer | Asked in Personal Injury and Real Estate Law for Washington on
Q: My neighbors smoke all the time and the smoke drifts into my house when the windows are open how do I get them to stop?
Tim Akpinar
Tim Akpinar
answered on Sep 22, 2023

A Washington attorney could advise best, but your question remains open for a week. If it's a landlord-tenant setting, you could bring it to the attention of the building owner. If it's private dwellings, it could depend on local ordinances or association rules. Good luck

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Washington on
Q: I have a house that got built for a hundred years ago. The house got built right on the property with the roof eaves

The roof eaves on one side of the property is over to my neighbor property. Will I run into any issues with this? Thanks

Anthony M. Avery
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answered on Sep 6, 2023

Has a survey been performed? If not, how do you know you are encroaching? There may be subdivision restrictions of government codes with minimum setback requirements. If the adjoining owner complains, boundary line agreement might help. Obviously an acquiescence to the boundary has... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Washington on
Q: What was the U.S. Supreme Court case ruling that ownership of two adjacent properties cannot be considered one property?

Adjacent properties owned by one owner must still be considered two separate properties rather than one.

Thank you.

T. Augustus Claus
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answered on Aug 23, 2023

The U.S. Supreme Court case you are referring to is likely **Murr v. Wisconsin**, 582 U.S. ___ (2017). In this case, the Court addressed the issue of whether adjacent properties owned by the same owner should be considered as one unit for regulatory purposes. The Court established a test known as... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: If a seller doesn’t disclose a private road easement, what legal recourse does a buyer/owner have?

In my case, I own two homes on ten acres in Clayton WA. After I moved in a neighbor told me about the private road easement. I called my real estate agent and she had no knowledge of this.

Anthony M. Avery
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answered on Aug 22, 2023

Did you search the title? The easement must be in your servient chain to be effective against you, not the dominant tenement's title. They may have a prescriptive easement or even one by necessity. But that is for the adjoining landowner to defend in Court. Hire a WA attorney to... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: If I am a defendent to a quiet title lawsuit can I file for advers possession in wa state
Anthony M. Avery
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answered on Jul 20, 2023

Adverse Possession exists in the entire USA. But it may or may not apply as a defense for you. You need to search the titles of both adjoining properties. Acquiescence to a boundary may also apply. You will need a WA attorney to represent you, and probably several witnesses as to your... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Washington on
Q: Can the administrator of an estate be held accountable for selling a home 20%-30% under its county assessed value.

There is more stuff unaccounted for than there is accounted for. Vehicles missing, $60-$80k in jewelry, they never did anything with her personal property, just sold the house and then instead of doing an inventory as soon as appointed they waited until the very end to track down 3 of her 5... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2023

Any heir of the decedent has the right to contest the sale in the probate court where the estate is pending. But it may be too late now if the sale has already been approved.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Washington on
Q: Is someone dies without a will and only has 1 son who cant be found what paperwork would i need to sell house b4 forclos

Iv been living at the house for a few years now but my friends dad died here without a will and my friend wont do anythjng.. like nothing. Its been 2 years now and the house is being forclosed on but i think the bank even thinks hes still alive.. what paper work do i need to be able to sell the... View More

Vincent Gallo
Vincent Gallo
answered on Jul 1, 2023

Living in a house for a few years in and of itself unfortunately does not entitle you to ownership of the house.

Q: Sister has filed ejectment against me I have a court date Friday may 26 is there anybody who could help represent me ?

The estate is still in my late father's name I have lived in my house for 12 years thinking I was going to be able to buy house . my sister is executor and would never sign off on house so I go could buy it . Now she wants me out of there I have court on Friday may 26 th I live in Washington... View More

Peter J. Weinman
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answered on May 23, 2023

Volunteer lawyers at Justia are not permitted to solicit your business. Start your search here: https://www.justia.com/lawyers

1 Answer | Asked in Probate and Real Estate Law for Washington on
Q: Wa st. I own 2/3 of a property. The other 1/3 owner died, and left huge bill for nursing home. The estate went probate.

Dshs came forward when notice to creditors was recieved. The executor/representative of the will then withdrew. How do i obtain the other 1/3 of property thats in limbo? There is not a lien filed in the county of said property. Also no mortgage exists land is free and clear. Taxes are current.

Anthony M. Avery
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answered on May 16, 2023

If no will was probated, then hire a WA attorney to determine deceased's heirs. Then get heirs to quit claim their interest over to you, probably for money. Partition would be the last resort.

1 Answer | Asked in Estate Planning and Real Estate Law for Washington on
Q: Grandparents died intestate but were co owners of home with aunt with right of survivorship

My aunts siblings have made no claim to the estate for several years but now that she is ill they are seeking to claim their inheritance from the sale of the house.

Anthony M. Avery
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answered on Apr 6, 2023

The aunt has no heirs until she is dead. But a Court might order the sale of her titled property if she is under a conservatorship, etc. Hire a WA attorney to search the Title and advise as to possible actions. But you may have no standing.

1 Answer | Asked in Elder Law, Small Claims, Real Estate Law and Construction Law for Washington on
Q: Under which Washington State laws can I sue my neighbor for building his fence onto my property?

The neighbor denied wrongdoing and blames his contractor. I hired a Surveyor to prove the fence was on my property and now I want to get him to pay for it.

Anthony M. Avery
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answered on Mar 28, 2023

You will need to hire an attorney to file a Boundary Dispute. If you do not, then you will acquiesce to the new fence line as the boundary between the two adjacent properties despite the two legal descriptions. I doubt that you will be awarded any money, but you risk losing land.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Washington on
Q: Who's responsible to survey property before building fences. Contractor or home owner?

My neighbor had a contractor build a fence on our property line and says it's not his fault if it's on my property. Says he did not need to survey because the contractor is licensed and bonded and can't break the law. I hired a surveyor and proved the fence is on my property and now... View More

Brent Bowden
Brent Bowden
answered on Mar 27, 2023

The property owner is ultimately liable for their fence and where it was placed. They may have a claim against the contractor if the contractor was supposed to verify the boundary, but I have never seen a fence contractor take responsibility for the survey or location.

There are a lot of...
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1 Answer | Asked in Family Law, Real Estate Law and Civil Rights for Washington on
Q: My daughter and I own home 50/50 it's paid off. She just moved back in, away for 15 yrs.Can she remove all my things?

No notice. I've lived here 30 yrs. She thinks that violating me is her rite. The house needs to be cleaned but we can do it together.What are the laws with sailing a home wear a mentally disabled person has lived their whole life. Does that person have any rights?

Anthony M. Avery
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answered on Mar 24, 2023

You may want to file an Action for a Sale For Partition.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Washington on
Q: If I add my life partner to the title of my house and I die, will the house go directly to him without probate?

Also, will the house be assessed at the time of my death so he won’t have to pay capital gains taxes, if he sells it?

Renee Louise Roman
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answered on Dec 31, 2022

The answer to your first question is yes, but ONLY IF the proper deed is executed and recorded. There are several types of deeds in Washington, so please consult an attorney who can explain the differences, so you can decide what is best for you and your partner.

The answer to the second...
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1 Answer | Asked in Contracts and Real Estate Law for Washington on
Q: If a "Promissory Note" is signed by the Buyer, not the seller; is it still valid? Amended signed by both?

The Original was also lost by the Seller, is the contract still enforceable, if we're having a dispute?

The original was signed by Buyer only (Promissory Note, not Note); and the Amendment to the Promissory Note was signed by both the Buyer and Seller.

Enforceable? Any rules... View More

Anthony M. Avery
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answered on Nov 14, 2022

The buyer is the one that has to sign as the notemaker. The amendment is probably an agreed modification between the maker and the holder. It should be enforceable unless you have busted the SOL.

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Washington on
Q: What type of lawyer is needed for a rental with toxic well water (e.coli found) & toxic levels of black mold?

I am writing on behalf of my brother’s family.

Their rental is on a well. Main well dried up -they are on the backup well - located up the hill. The water comes out of a uncovered tube. They’ve complained to their landlords & were told the water is fine -they won’t fix or drill a... View More

Tim Akpinar
Tim Akpinar
answered on Nov 11, 2022

A Washington attorney could advise best, but your question remains open for two weeks. You chose the correct categories to post under - landlord-tenant and personal injury. Those are the types of attorneys who would have insight into this. As a starting point, your brother could consult with a... View More

2 Answers | Asked in Foreclosure and Real Estate Law for Washington on
Q: My house sold at for closure auction where can I get free help claiming the surplus funds?

Auction was on aug.5th and I believe sold for 186,000 over what was owed .I am still in the house because without the money I have no cash to move and no where to go

Renee Louise Roman
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answered on Aug 27, 2022

Obtaining these funds may require the services of an attorney, one who is familiar with the surplus funds procedure, who can assess your situation. This process usually involves notice to lien holders and a hearing, so you may want to start that process as soon as possible. Although I am not aware... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Washington on
Q: We recently bought land and the neighbor thinks he owns part of the land even though he doesn't, we had it surveyed

he insists on it being his and is threatening us with legal action and calling the cops saying we're trespassing.

Anthony M. Avery
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answered on Aug 5, 2022

Hire a very competent WA attorney to file a Boundary Line Action, Quiet Title, Ejectment, etc. Time may be critical because of Acquiesence to a physical boundary.

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