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Washington Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Washington on
Q: Can I conditionally sale my vacant lot?

To preserve my mountain view, I bought the empty lot in front of my house. I want to sell it but on the condition that any future home built on it won't be more than one story or until I sell my my current home.

Anthony M. Avery
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answered on Dec 10, 2024

You can almost attach any restriction outside of racial discrimination and restraining marriage. However how are you going to enforce them? Your proposed restrictions are impractical and probably unenforceable. Most buyers would not buy real property with an executory interest in the estate.... View More

1 Answer | Asked in Real Estate Law for Washington on
Q: My mother just passed away I am her only heir I just received the death certificate what do I do next
Anthony M. Avery
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answered on Dec 10, 2024

Talk to a WA attorney and see if probate is needed or not. Type of assets involved is critical.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Washington on
Q: Angry neighbor moved survey rebar and fence, with concrete. Can I remove fence destructively (necessary) without notice?

I share 500 foot property line with 6 neighbors in a plat. I am unplatted.

I permitted a possible fence encroachment to stay where at until I recind permission. Had surveyor that created plat recheck markers in 2017, there was no encroachment.

Over the last year three neighbors (2... View More

Anthony M. Avery
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answered on Sep 11, 2024

You have a disputed boundary. Hire a WA attorney to file suit. Your surveyor will be your expert witness. If you wait too long, you acquiesce to the others' asserted and ascertainable boundaries, and lose part of your property.

1 Answer | Asked in Foreclosure, Real Estate Law and Probate for Washington on
Q: I filed a will contest, I was told since I did not serve other party within 90days they are trying to dismiss it.

Need help with an estate issue , and a probate/will

Anthony M. Avery
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answered on Aug 20, 2024

Hire a WA that knows how to contest the probate of a will.

1 Answer | Asked in Tax Law, Real Estate Law and Elder Law for Washington on
Q: I am 80 and own my home through a revocable trust that I created 15 years ago. Can I qualify for the property Tax deduc

My income is fixed and below $40K

Another question is if I am eligible to have prorated for previous years for a possible refund?

I am 80 years old, house is set up in a revocable trust I had done many years ago, I live in the house year round with my spouse of 50 years, I am up to... View More

James L. Arrasmith
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answered on Jul 18, 2024

You may qualify for property tax relief in Washington State, as it offers several property tax exemption and deferral programs for senior citizens, especially those with low fixed incomes. Given your age and income, you could be eligible for the Senior Citizens and Disabled Persons Property Tax... View More

2 Answers | Asked in Real Estate Law for Washington on
Q: how do I find out the typeof title of my residential house (jointly owned with my wife) ?

need to know if it's a joint tenancy with right of surviorship or joint tenancy in common. (because on the statutory warrant deed, it only says the grantor(s) conveys, and warrants to xx (my name) and yy (my wife's name), a married couple ......., the following described real estate .......)

Anthony M. Avery
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answered on Jun 5, 2024

Hire a WA attorney to search the title. and determine the estate granted.

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1 Answer | Asked in Real Estate Law for Washington on
Q: My proprty has a lien against it; I want to pay it off but the lien holder is not responding to my or my lawyers emails.

This is going on 2 months now, and the sell date is approching in 4 weeks. What can I do to stop the sell?

Anthony M. Avery
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answered on Jan 31, 2024

Hire a WA attorney now to represent you. He takes certified funds for the payoff amount to the noteholder. If it is refused, then you file suit to quiet title as payoff of the note was waived. It sounds like foreclosure is imminent, so act today.

1 Answer | Asked in Contracts and Real Estate Law for Washington on
Q: What type of lawyer would I need for a apartment complex?

Over 2 years ago I lived at an apartment in Washington State and just recently I received a notice from a debt collector. They have sent me a charge sheet for damages from the apartment. I have attempted to email and call the Village at union mills several times and they have yet to send pics of... View More

Tim Akpinar
Tim Akpinar
answered on Dec 10, 2023

A Washington attorney could advise best, but your question remains open for two weeks. What kind of attorney do you need? A collections defense attorney with insight into landlord tenant matters would be ideal. You could reach out to different attorneys to discuss in making your decision. Good luck

Q: What can I do about a neighbor wearing a gun, coming to the property line and telling me what I can't do on our property

Neighbor wearing gun says blackberries and trees on our property can't be cut. We can't even cut branches overhanging our driveway. Happens both 3 and 30 ft away from property line. He said the drain ditch that traverses both properties will collapse and it's protected. The nearest... View More

Cristine Beckwith
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Cristine Beckwith
answered on Nov 2, 2023

Sorry to hear. A civil anti-harassment protection order is a common remedy for a neighbor dispute involving unwanted and threatening contact. A good attorney will give you the best chance of getting the order issued.

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.

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