Real Estate Law

Reed Law Firm assists clients with a variety of real estate matters, including:

• Disputes arising out of the Purchase and Sale Agreement
• Easements
• Adverse Possession and Prescriptive Easements
• Boundary line disputes
• Landlord Tenant issues
• Leases with Options to Purchase
• Trespass and Nuisance
• Concealment of Defects in Real Property/Failure to Disclose
• Agreements concerning Real Property, including Profits, Covenants and Licenses
• Construction Defects
• Eminent Domain

The Purchase and Sale Transaction

Understanding the purchase and sale process is extremely important.  You should never exclusively rely on what someone is representing to you. You should read your purchase and sale agreement, understand its inspection addendums and pay attention to the Seller’s Disclosure Statement.

Washington State law requires that every sale of real property, with limited exceptions, requires that the Seller submit a Seller’s Disclosure Statement to the Buyer. This Statement must contain, with limited exceptions, minimum information about Title, Water, Sewer/On-Site Sewage System, Structural matters, and Systems and Fixtures.  This statement must be completed properly and accurately to avoid Seller’s liability for concealing defects in the home.  The Buyer should review this statement thoroughly and timely to ascertain whether there appears to be any serious defects in the home. The Buyer is subject to the timelines and options at the Revised Code of Washington 64.06.030 if the Buyer seeks to rescind the purchase and sale agreement because of disclosures made on the Seller’s Disclosure Statement.

Easements and Covenants

Review easements and covenants that provide others rights to your property or restrict your rights to your property.  Knowing the scope of any recorded easements and covenants will assist you with understanding your obligations and rights to your property, and reduce disputes concerning easements, boundary lines, etc.

Licenses and Profits

If you seek to use a neighbor’s property for any purpose or it is necessary for you to go onto the land of another, regardless of how immeasurable it is, you should always gain permission first.  You can enter into an agreement for a license or profit, where appropriate.  You should have this drafted in a way to protect both your interests and to avoid future disputes.

Boundary Line Disputes

It is important to know where your boundary line lies.  If you seek to construct anything along a boundary line, you should first discover where your boundary line lies and seek to cooperatively work with adjoining landowners to gain permission or agreement on the construction of anything along a boundary line.  Your failure to do so could result in a legal dispute and/or substantial liability. 

If you enter into a boundary line dispute, be aware that another person may gain title to another person’s land if they adversely possess the land by using it openly and notorious, actually, exclusively and continually for a period of 10 years.  You should protect your rights to your property by immediately addressing the occupation or trespass of any portion of your land when it is discovered.

Landlord Tenant

The Landlord’s and Tenant’s obligations and rights are contained at the Revised Code of Washington 59.18.

A Tenant can seek assistance with understanding their rights at

www.atg.wa.gov

and

www.wsba.org/media/publications/pamphlets/default.htm.

A Landlord should take precaution to draft its leases in accordance with the Revised Code of Washington 59.18. Doing so will alleviate the potential for future disputes involving the landlord tenant relationship.  A Tenant’s failure to comply with the lease provisions or the Landlord Tenant Act, may give rise to an action for eviction through a process of Unlawful Detainer.