Mediators are trained (usually) professionals that assist parties in solving their dispute. A mediation is usually held in an office with the parties in separate rooms. (Although in facilitative mediation the parties would be in the same room with the mediator). The mediator goes back and forth between the rooms working with the parties to [...]
Time for your deposition
Most lawsuits settle. But, there may be a time when the opposing attorney will have you in the hot seat answering questions under oath. Attorneys have the right to require parties and witnesses to answer questions during the discovery process. It can be a nerve wracking time. Most lawsuits settle because of what happens during [...]
No attorney’s fees for you!
Even with the most economical approach to handling a dispute, attorney’s fees and costs can often overwhelm a dispute if the amount in controversy is less than $10,000 or even $20,000. In order to insure that meritorious claims are still economically viable, Washington enacted two rules. In cases involving less than $50,000 in controversy, the [...]
Alleys dedicated for public use cannot be adversely possessed
The Washington Supreme Court answered an often asked question by clearly stating that alleys dedicated for public use cannot be adversely possessed. The case is Kiely v. Graves and concerns competing claims to a portion of an alley that had been vacated by the city of Port Townsend. William and Sally Chapin Kiely were neighbors [...]
100 days until trial: What is your attorney doing?
Most cases do not go to trial. Parties will often voluntarily negotiate a resolution or reach a compromise with the help of a professional mediator. Sometimes matters end after a judge grants a motion (request) for summary judgment. But what if a case isn’t settled or resolved and the trial date is approaching? What does [...]
State Supreme Court: State has failed to fund education
While a bit off topic in that it does not involve real estate, business or litigation, I feel compelled to comment on the Washington State Supreme Court’s decision today in McCleary v. State. In McCleary, the Supreme Court ruled that the Legislature has failed to fulfill the state’s constitutional mandate to amply fund education. McCleary [...]
Landlord’s rights and obligations regarding tenant’s personal property
In a common scenario, a defaulting tenant will leave behind personal property. What is a landlord suppose to do about this? When the tenant defaults on rent If a tenant defaults in rent and reasonably indicates the intention not to resume tenancy, the landlord may enter and take possession of any property of the tenant [...]
Statutory warranty deeds
By Joseph on December 26, 2011 in Adverse Possession, Prescriptive Easement, Statutory Warranty Deed
I don’t know how many real estate transactions involve a transfer of property by a statutory warranty deed. I suspect it must be close to 90%. How many sellers know that a statutory warranty contains warranties that they are making to the purchaser? How many sellers know that the purchaser might come back to them, [...]
Adverse possession v. Prescriptive easement
Boundary disputes arise in many ways. However, at their core, they all share a common characteristic: a legal boundary line is being ignored. Provided that the boundary line has been ignored for the requisite period of time (usually ten years), the user can acquire title to the other’s property. What they acquire might be “fee [...]
Seller financing? Consider a real estate contract
By Joseph on November 20, 2011 in Creditor's Rights, Deed of Trust, Foreclosure, Real Estate Contract, Real Estate Development
The Washington Legislature created the Deed of Trust Statute in 1967. RCW 61.24 et. seq. As a result, over the next forty years it became common practice to secure seller-financed real estate transactions with a deed of trust and promissory note. Because the Deed of Trust statute created an efficient, practical and timely method for [...]
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