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Property Law and Real Estate

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Washington Law Review

Journal

1948

Articles 1 - 4 of 4

Full-Text Articles in Law

Water Boundaries, Tide And Shore Land Rights, John Scott Obenour Jr. Aug 1948

Water Boundaries, Tide And Shore Land Rights, John Scott Obenour Jr.

Washington Law Review

Waterfront property, though extremely popular in Washington, presents problems of ownership with which few residents are familiar. The effect of transitory water boundaries upon the divisible proprietary interests is especially complex since the present status of such boundaries is uncertain under our court's interpretation of the applicable statutes.


Boundary Disputes In Washington, James R. Ellis May 1948

Boundary Disputes In Washington, James R. Ellis

Washington Law Review

Quarrels over the physical edges of land ownership still appear on court calendars with disturbing frequency, displaying their peculiar bitterness beyond all value involved. A major factor swelling this litigation has been confusion over the various legal doctrines available in these disputes. Boundary line problems are often capable of treatment on several similar grounds and occasionally present contradictory equities, but they need not be a legal quagmire. This comment will attempt to analyze certain of the formulae currently applied to boundary disputes in Washington with particular reference to the doctrines of Acquiescence and Recognition, Oral Agreement, and Estoppel in Pais. …


The Real Estate Broker's Statute In Washington, Lisle R. Guernsey May 1948

The Real Estate Broker's Statute In Washington, Lisle R. Guernsey

Washington Law Review

Shortly after its passage the validity of the statute was sustained against a constitutional attack on the ground of class legislation and the interference with the right of contract. In the case of sales of real property, only contracts between an agent or broker and an owner are covered by the statute. An "owner" includes one whose title is only equitable or a broker who is also an owner, but excludes one who merely has an option to buy land. The statute has been construed to cover only contracts to pay a commission. The test of what constitutes a commission …


How Secure Is Your Tax Foreclosure Title?, L. R. Bonneville, Jr. May 1948

How Secure Is Your Tax Foreclosure Title?, L. R. Bonneville, Jr.

Washington Law Review

However, in the recent Washington case of Krops v. Jacobson, a tax title, procured through a judgment in foreclosure proceedings for delinquent taxes, was set aside as void, even though the taxes had not been paid. The reason assigned was that the foreclosure had been caused by the failure of the county treasurer to note upon the receipt given in payment for current taxes that certain back taxes were due. To the legislative direction that there shall be two exceptions to the conclusive effect of a judgment in tax foreclosure proceedings, the court has added a third—frustration of the taxpayer …