Lawyers, Answer Questions  & Get Points Log In
Washington Real Estate Law Questions & Answers
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... Read 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...
Read more »

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
PREMIUM
Renee Louise Roman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
Read more »

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... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
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... Read 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... Read 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

Mr. John P. Fazzio III Esq.
PREMIUM
Mr. John P. Fazzio III Esq.
answered on Aug 29, 2022

Once the Surplus Funds are deposited with the superior court, parties with an interest in those funds may claim them in a specified order. “Interests in, or liens or claims of liens against the property” at issue attach to the Surplus Funds “in the order of priority that it had attached to... Read more »

View More Answers

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
PREMIUM
Renee Louise Roman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Washington on
Q: how to get back property that was sold by the sister of the real owner by saying real owner is dead and has no heirs.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 20, 2022

That will probably require an Action for Ejectment. If you have not busted the SOL, you will need a very competent WA attorney that handles real property litigation. It will be difficult, expensive, and the Sister will be cross-claimed for Breach of Warranty of Title.

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... Read more »

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Anthony M. Avery
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
PREMIUM
Anthony M. Avery
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
PREMIUM
Anthony M. Avery
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 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
PREMIUM
Anthony M. Avery
answered on Mar 24, 2023

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

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
PREMIUM
Anthony M. Avery
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.

1 Answer | Asked in Real Estate Law for Washington on
Q: The Deed of Trust and NOTE have the incorrect amount. CLOSING DISCLOSURE

Should I sign new documents?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 15, 2022

The obvious answer is No... You might even be accused of fraud later.

1 Answer | Asked in Real Estate Law for Washington on
Q: I have 2 properties side by side each with a parcel Number. Can I sell as one? will the parcels retain their P numbers

Trying to avoid paying closing cost on 2 different properties and possible capital gains. This is in Washington State, Skagit County.

Renee Louise Roman
PREMIUM
Renee Louise Roman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 21, 2022

If each property has its own parcel number, yes, you can sell them together to one buyer, but they will retain their original parcel numbers. You will need to pay closing costs on both properties. To find out about possible capital gains, you should consult a CPA and they can advise you according... Read more »

1 Answer | Asked in Civil Litigation, Foreclosure and Real Estate Law for Washington on
Q: My house was sold in a foreclosure sale. There is 45k in excess funds held in the court registry.

For years, then turned over to the Dept of Revenue in Sept of 2020. There's a judgment filed by Chase bank with 0 balance. How do I get my money released to me.

Renee Louise Roman
PREMIUM
Renee Louise Roman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2022

You will need to contact an attorney who is familiar with this process, someone who can review the status of your claim and petition for release of these funds from the court registry. Through this process, judgment creditors of record (if any) will be notified, after which the funds can be... Read more »

1 Answer | Asked in Real Estate Law, Tax Law and Estate Planning for Washington on
Q: How do I transfer inherited property.

I am the executor and sole beneficiary to my mother's estate. How do I transfer the deed to her house to my daughter?

Renee Louise Roman
PREMIUM
Renee Louise Roman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2022

Depending on the circumstances, probate may have to be initiated in order to properly transfer the property. A real estate lawyer can prepare a deed and tax affidavit which can then be executed and recorded. You may wish to contact an attorney who practices both real estate and probate to... Read more »

1 Answer | Asked in Civil Rights, Landlord - Tenant and Real Estate Law for Washington on
Q: Where can I find a civil rights lawyer that handles commercial discrimination real estate cases?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 24, 2022

Start buy using the Find a Lawyer tab above and search for civil rights attorneys in your area----call a few and discuss your matter with them. Good luck.

1 Answer | Asked in Real Estate Law for Washington on
Q: Can title insurance enforce title rules?

My neigbor has constructed a chicken coop and a horse stall with fenced grazing area within 100 feet of their own house and mine which is on the first half of their property. Our title specifically prohibits livestock structures within 100 feet of a dwelling and on the first half of the property. I... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 1, 2022

What your "title" says is irrelevant. If there are restrictive covenants to be enforced, it must be in the title chain that you claim has been violated. I doubt your insurance company insures against such risks, but you will need to read your policy, which deals with your title not... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Washington on
Q: Who is responsible for creating and filing the Findings of Fact and Conclusions? The judge?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 26, 2022

Usually either party can proffer their own version of a proposed judgment. The Judge does not have to use it, but may sign it, especially if there is no opposition from the other side. Sometimes the Judge announces he will draft and enter his own Judgment. Rule 59 Motions can be made to alter... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.