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Property Law and Real Estate Commons

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Seattle University School of Law

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Articles 331 - 332 of 332

Full-Text Articles in Property Law and Real Estate

Enforceability Of Land Use Servitudes Benefiting Local Government In Washington, Stephen Phillabaum Jan 1979

Enforceability Of Land Use Servitudes Benefiting Local Government In Washington, Stephen Phillabaum

Seattle University Law Review

Washington courts are free to enforce publicland use servitudes. Of the elements required for a servitude to run with the land, form, notice, and touch and concern on the burden side do not bar running. Only the touch and concern element applied on the benefit side is a potential bar. Washington conceivably could allow public land use servitudes to run with the land by following the minority position of not requiring touch and concern on the benefit side. A less stringent theory, however, is available to enforce public land use servitudes. Washington has not adopted a rule that public servitudes …


Equitable Conversion In Washington: The Doctrine That Dares Not Speak Its Name, George R. Nock, John A. Strait, John W. Weaver Jan 1977

Equitable Conversion In Washington: The Doctrine That Dares Not Speak Its Name, George R. Nock, John A. Strait, John W. Weaver

Seattle University Law Review

Since the 1925 decision of Ashford v. Reese, Washington has had the distinction of being the only American jurisdiction totally, albeit implicitly, to reject the doctrine of equitable conversion. Ashford was overruled in 1977, in a remarkable opinion which simultaneously, and explicitly, rejected the doctrine of equitable conversion, thus maintaining Washington's unique status with respect to that doctrine. But the opinion failed to provide a substitute for either the rule of Ashford or the contrary doctrine of equitable conversion, both of which it emphatically abjured. The result is an unbroken line of Washington cases consistent with only one rule of …