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Articles 121 - 150 of 192
Full-Text Articles in Property Law and Real Estate
Foreword, Harry M. Cross
Foreword, Harry M. Cross
Washington Law Review
The enactment of Initiative 2081 in the 1960 election authorizes creation of joint tenancies in real and personal property in Washington generally. Many of the potential problems which may confront Washington lawyers because of the general availability of the joint tenancy device are discussed in this symposium. An orderly presentation of the arguments and identification of the particulars to be resolved will be fostered by the effort of the Review editors in assembling the material in this issue. I am sure that members of the Washington bar will agree that we owe a substantial debt to the authors. The discussions …
Joint Tenancy And Estate Planning, Charles B. Stacey
Joint Tenancy And Estate Planning, Charles B. Stacey
Washington Law Review
In many states both lawyers and laymen advise taking of title to property in joint tenancy without sufficient knowledge of the legal incidents of this ancient common law estate. Due to the increasing use of this form of ownership, lawyers must learn both the advantages and disadvantages of joint tenancies. Since joint tenancy involves the element of "survivorship," the taking of title to property in this form is usually a conscious act of estate planning. To the knowledgeable estate planner, however, joint tenancies are more often bothersome than useful. The planner is often faced with the problem of eliminating or …
Joint Tenancy—Creditor-Debtor Relations, Kenneth S. Treadwell, Jerome Shulkin
Joint Tenancy—Creditor-Debtor Relations, Kenneth S. Treadwell, Jerome Shulkin
Washington Law Review
By Initiative No. 208, adopted and now codified as RCW 64.28, the former prohibition against joint tenancy with the right of survivorship has been repealed and substituted with ".... a form of co-ownership of property, real and personal, known as joint tenancy."' The proviso that the transfer shall not derogate from the rights of creditors raises serious questions of meaning and interpretation. If the proviso means that the rights of creditors will not be changed by joint tenancy ownership, then this article will serve little purpose. If the proviso is to be applied only to the creditors existing at the …
Joint Tenancy In Real Property—The Title Insurer's Viewpoint, H. E. Tully
Joint Tenancy In Real Property—The Title Insurer's Viewpoint, H. E. Tully
Washington Law Review
Initiative Measure No. 2081 is necessarily brief and does little more than authorize in Washington "a form of co-ownership of property, real and personal, known as joint tenancy." In view of the prior history of joint tenancy with right of survivorship in Washington, so far as real property is concerned, practically the entire existing local law on the subject is provided by the initiative measure. This engrafts a new system of real property ownership onto the existing body of Washington real property law which has been in the process of development for over a century. This article must therefore deal …
Joint Tenancy And Community Property, Yale B. Griffith
Joint Tenancy And Community Property, Yale B. Griffith
Washington Law Review
The public demand in Washington which led to the adoption of the joint tenancy initiative is not surprising in view of the widespread use of this form of title in other states. However, Washington is still a community property state and the people's desire for joint tenancy with its popular survivorship feature does not necessarily indicate their intention to change the community property system. Laymen will commonly use community funds to buy property and will now take title in joint tenancy, fully hoping to have some of the advantages of each. This practice has led to a deluge of litigation …
The Inter Vivos Rights Of Cotenants Inter Se, Dale E. Kremer
The Inter Vivos Rights Of Cotenants Inter Se, Dale E. Kremer
Washington Law Review
The inter vivos rights and remedies among joint tenants with respect to their common property are in general the same as those of other co-owners of property. Differences become most apparent upon the death of one tenant. During the period when all of the joint tenants are alive, they are included in the general group, "cotenants," the term for co-owners of property, and their rights and remedies for the most part fall within the rules governing co-tenants. Some exceptions will be considered here. One difference between the rules governing joint tenants and those governing other co-owners is that while service …
Effect Of Joint Accounts With Right Of Survivorship In Washington, Virginia B. Lyness
Effect Of Joint Accounts With Right Of Survivorship In Washington, Virginia B. Lyness
Washington Law Review
The recent passage in Washington of Initiative No. 208 providing for creation of joint tenancies in real and personal property provides the occasion for a reconsideration of the current status of the statutory and case law in Washington relating to the effect given to "joint tenancy" accounts with right of survivorship. Such an account typically takes the form of a deposit opened in the name of the depositor and another, payable to either or to the survivor. Does such an account, by virtue of present statutes, in fact create a joint tenancy with all its incidents as known to the …
Private Easements In Public Ways, Morton G. Herman
Private Easements In Public Ways, Morton G. Herman
Washington Law Review
Two basic rights will be separately discussed in this Comment. First, the public right of user in streets dedicated for public use will be referred to as the "public easement"; and second, the private right of user created by estoppel, hereinafter called the "private easement." Although each is created in a similar manner, each propagates common as well as distinguishable property rights. In connection with the discussion of these easements, some reference will also be made to other analogous easements created by similar theories, for the purpose of furnishing background and comparison.
Toward Effective Municipal Zoning, Arval Morris
Toward Effective Municipal Zoning, Arval Morris
Washington Law Review
Zoning is a legal device which complements comprehensive planning by effectuating the plan, and is the offspring of urgent urban necessity. In its ordinance form, it constitutes an exercise of the police power and consists primarily of classification. It envisions a division of land into districts, subjecting the land in each district to different regulations concerning its use. Considerations of district boundaries and use regulations are legislative in character, lying within the wisdom of a city council. Zoning generally must reflect an appreciation of the character of the land and its structures, its uniqueness for particular uses, plus regard for …
Joint Tenancy For Washington?, Harry M. Cross
Joint Tenancy For Washington?, Harry M. Cross
Washington Law Review
Recurring proposals to make joint tenancy ownership generally available in Washington justify consideration of possible consequences of such a change from what has been the pattern of law since territorial days except for the aberration for a few years beginning in 1940. The absence of joint tenancies in general has probably put both the ordinary rules and the special complications of joint tenancy law beyond the ken of the typical Washington lawyer, hence a rudimentary summary of that law is desirable.
The Law Of Adverse Possession In Washington, William B. Stoebuck
The Law Of Adverse Possession In Washington, William B. Stoebuck
Washington Law Review
Adverse possession is an anomaly in the law in that it is a system whereby a legal right is obtained through conduct which must be wrongful. Essentially it consists of the nonpermissive occupation of another's land until a statute of limitations bars his right to recover it. Unlike the usual statute of limitations situation, in which only a remedy is barred, in adverse possession the occupant acquires an affirmative legal right, an original title in fee simple. Clearly such a strange and drastic doctrine must spring from strong necessity. Desire to reward the occupant or punish the lax owner should …
Easements By Way Of Necessity Across Federal Lands, Marjorie D. Rombauer
Easements By Way Of Necessity Across Federal Lands, Marjorie D. Rombauer
Washington Law Review
Is an easement across federal lands implied when the United States has granted a tract of land to which the grantee would otherwise have no practical means of access? In the recent case of Bydlon v. United States, the Court of Claims implied an affirmative answer in holding that the ancient doctrine of ways of necessity applied to Government grants to create access easements by air. The purpose of this Comment is to determine the validity of that conclusion and the extent to which it may be utilized to give life to dormant easements. Particular attention will be given to …
Real Property, Harry M. Cross
Real Property, Harry M. Cross
Washington Law Review
Covers the rule of perpetuities in trust dispositions and assessment and taxation of easements.
Real Property, Morton G. Herman
Real Property, Morton G. Herman
Washington Law Review
Covers cases on easements—rights of nonabutting property owners.
Real Property, Floyd L. Newland
Real Property, Floyd L. Newland
Washington Law Review
Covers cases on limited-access higway condemnation—compensation for loss of easement of access—measure of compensation and on adverse user—necessity of claim of right.
Preparation And Trial Of A Condemnation Case—The City, A. C. Van Soelen
Preparation And Trial Of A Condemnation Case—The City, A. C. Van Soelen
Washington Law Review
The acquisition by cities and towns of private property, and to some extent public property also, is provided for in Chapter 8.12 RCW, which enumerates the public purposes for which such property may be acquired upon payment of "just compensation." The statement of public purposes included in that chapter relate in the main to the furtherance of the governmental as distinguished from the proprietary functions of cities and towns. Said chapter is implemented and supplemented as to the latter functions by Chapter 80.40 RCW, which relates to the needs of cities and towns in the exercise of their proprietary functions, …
Preparation And Trial Of A Condemnation Case—The Property Owner, Paul Sinnitt
Preparation And Trial Of A Condemnation Case—The Property Owner, Paul Sinnitt
Washington Law Review
The following remarks on law, procedure, problems and preparation for trial of a condemnation case are not intended as a text for condemnation. I mention only some aspects of this highly diversified field; no set pattern can be applied to each and every condemnation trial. This discussion concerns state condemnation rather than condemnation by city or county. Highway design, right-of-way acquisition and construction require time. Because of the tremendous demand in our state for highway improvements, this field of condemnation is ever-expanding.
Legal Institute Papers: Condemnation Law Procedures, Problems. Preface; Testimony Of The Expert Appraisers In Condemnation Proceedings., Donald H. Yates
Legal Institute Papers: Condemnation Law Procedures, Problems. Preface; Testimony Of The Expert Appraisers In Condemnation Proceedings., Donald H. Yates
Washington Law Review
Following are some of the papers on condemnation law presented at one of the Legal Institutes held as a part of the annual meeting of the State Bar Association. These institutes are of great benefit to those who are able to attend and participate in them, but, as stated in the speech of Mr. Rhyne, President of the American Bar Association, there is a need to disseminate the material gathered at such institutes to lawyers who are not able to attend the proceedings. The editors of the Washington Law Review take great pleasure in publishing these papers, as a service …
Real Property, Gilbert J. Price Jr.
Real Property, Gilbert J. Price Jr.
Washington Law Review
Covers cases on the conveyance of after-acquired title by quitclaim deed—effect of habendum clause.
Just Compensation And The Navigation Power, William J. Powell
Just Compensation And The Navigation Power, William J. Powell
Washington Law Review
The fifth amendment of the United States Constitution commands that private property shall not be taken for public use without just compensation. Many cases involve the issue of what constitutes just compensation for particular private property which has been taken. Few guiding principles have been formulated, other than a general proposition that just compensation is based upon the market value of the property with due consideration of all its available uses. The amount assessed under the above formula cannot be enhanced by any special use of the property to the Government, because just compensation means the amount of loss to …
Real Property, Donald Louis Johnson
Real Property, Donald Louis Johnson
Washington Law Review
Covers cases on the power of revocation and on the status of the rule against undue postponement of enjoyment.
Creditors' Rights, Rex M. Walker
Creditors' Rights, Rex M. Walker
Washington Law Review
Covers cases on declaration of homestead—excess value subject to judgment lien—good faith declaration.
Evolution Of Legislation On Proof Of Title To Land, R. G. Patton
Evolution Of Legislation On Proof Of Title To Land, R. G. Patton
Washington Law Review
Possessory titles are recognized by the courts when they protect a first trespassing squatter against acts of a subsequent trespasser. They are given priority over the claims of the conventional title holder when the latter has lost his right to judicial assistance by reason of acts which raise an estoppel or for failure to act within a period of time which the courts or the legislature have fixed as a limitation of action. In these cases the holder of the possessory title may by court action secure a documentary title in the form of a judgment which confirms a title …
Real Property, Harry M. Cross
Real Property, Harry M. Cross
Washington Law Review
Covers laws on eminent domain, forest lands, oil and gas leases, and plats and school dedications.
Personal Property, Cornelius J. Peck
Personal Property, Cornelius J. Peck
Washington Law Review
Covers the Unclaimed Personal Property Act.
Property, William J. Powell, Layton A. Power, William M. Robinson
Property, William J. Powell, Layton A. Power, William M. Robinson
Washington Law Review
Covers cases on easements by implied reservations, on condemnation of public property, on proof of intent to claim adversely (Powell), on the validity of antenuptial agreements that alter the status of property acquired after the marriage (Power), and on the extent of the duty to rebuild under a lease with a convenant to rebuild (Robinson).
Property, Laurence S. Moore, Richard K. Quinn
Property, Laurence S. Moore, Richard K. Quinn
Washington Law Review
Covers cases on the hostile intent requirement in adverse possession, on riparian rights in floodwaters and the common enemy doctrine, on the duty to inquire as to easements in the contract to convey "free from encumberance" (Moore), and on agreements to return goods in the same condition (Quinn).
Property, Harry M. Cross
Property, Harry M. Cross
Washington Law Review
Covers alien land law and survivorship in joint tenancies.
Statutory Redemption: The Enemy Of Home Financing, Ernest M. Murray
Statutory Redemption: The Enemy Of Home Financing, Ernest M. Murray
Washington Law Review
Although much has been written criticizing the statutory right of redemption from real estate foreclosures, it still exists in Washington and a majority of the United States. The basic reason for its continued existence is the strong trend throughout modern timnes to give greater protection to the "oppressed debtor." The history of the moratoria legislation of the last depression is the strongest evidence of the sympathy for the debtor class, and the statutory right of redemption comprises not only a large part of the trend, but it is the place where the policy of favoring the mortgage debtor has reached …
Statute Of Frauds—Real Estate Brokers' Contracts—Agency, James B. Mitchell
Statute Of Frauds—Real Estate Brokers' Contracts—Agency, James B. Mitchell
Washington Law Review
P orally engaged D to sell P's land, for which D was to receive a commission of $1,000. D falsely represented that he had procured a purchaser who would buy the property if he could obtain a loan of $10,000, and that D could procure the necessary loan upon paying a bonus of $3,000 to the lender. P, in reliance on these representations, entered a written agreement to pay D $4,000. P brought an action to recover the $3,000 which D had received and converted to his own use. Held: The oral agreement created an agency relationship which D breached …