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Articles 151 - 180 of 192
Full-Text Articles in Property Law and Real Estate
Statute Of Frauds—Executory Land Contracts—Requisites And Sufficiency For A Written Description Of Platted Land By Street Number, City, County And State, G. J. Silvernale Jr.
Statute Of Frauds—Executory Land Contracts—Requisites And Sufficiency For A Written Description Of Platted Land By Street Number, City, County And State, G. J. Silvernale Jr.
Washington Law Review
In an action for specific performance of a real estate contract, D set up the plea of the statute of frauds, in that there was an insufficient legal description. D had signed an earnest money agreement containing the following description: "real property: at 309 E. Mercer, Seattle, King County, Washington." Held: the legal description is insufficient. Every contract for the sale or conveyance of platted real property must contain in addition to the other requirements of the statute of frauds, the description of such property by correct lot number(s), block, addition, city, county, and state. Martin v. Seigel, 35 Wn. …
The Implied Easement And Way Of Necessity In Washington, Harold J. Hunsaker
The Implied Easement And Way Of Necessity In Washington, Harold J. Hunsaker
Washington Law Review
The implied easement arises by inference of law when certain facts concerning the conveyance of land are found by the court. There are two general fact patterns: (1) prior to severance of land there exists a quasi-easement for the benefit of one part of the land to the detriment of the other; (2) after conveyance of part of a tract of land, the grantor or grantee has no access to land respectively retained or conveyed. The easement arising from the former will be termed an "implied easement" while the latter will be referred to as a "way of necessity." Though …
Agency And Escrow, Roger K. Garrison
Agency And Escrow, Roger K. Garrison
Washington Law Review
There are myriad instances in the law where courts or legislatures of various states have given precise definition to a certain legal status. Such words as "trustee," "guardian," and "mortgagor" have come to have fixed meanings and definite legal incidents attached to them. Not so fortunate, however, has been the term "escrow holder," or sometimes "escrowee." While courts are generally in accord as to what circumstances will create an escrow transaction, statements of the precise legal status of the escrow holder are noteworthy for their discord rather than their harmony. As yet no court has seen fit to regard the …
Caveat Emptor Or Justifiable Reliance?, Serge S. Gorny
Caveat Emptor Or Justifiable Reliance?, Serge S. Gorny
Washington Law Review
In the recent case of Haugen v. Netswonger the respondent, whose sawmill was encumbered and who was in danger of having to cease operations, induced the appellant to enter into a partnership for the operation of the mill. During the preliminary negotiations he told the appellant that he would get back, in a short time, everything that he put into the venture. The partnership agreement, which was signed on May 9, 1947, contained a covenant of the respondent, that he had good title to the sawmill free of all encumbrances. At the time, there was an outstanding chattel mortgage of …
Security Of Tax Foreclosure Titles, Chapter 2, Priscilla A. Townsend, Harry M. Cross
Security Of Tax Foreclosure Titles, Chapter 2, Priscilla A. Townsend, Harry M. Cross
Washington Law Review
In dissenting in Berry v. Pond, Hill, J., said, "By this decision, we not only add a new exception to those enumerated in Rem. Rev. Stat. § 11288 [P.P.C. § 979-313], but write a new chapter on How Secure Is Your Tax Foreclosure Title?" It is the purpose of this comment to indicate the nature of the new chapter and to suggest that it is inadvisedly if not erroneously written.
The Law Of Real Property, Volume 1, By Richard R. Powell (1949), Harry M. Cross
The Law Of Real Property, Volume 1, By Richard R. Powell (1949), Harry M. Cross
Washington Law Review
It is impossible to appraise the whole of this treatise, which will include five volumes, with only the first being published, but there are sufficient clues in the published volume to indicate the quality of the whole work. This is a modern book: witness, for example, the discussion of Oyama v. California, 332 U.S. 633 (1948) in paragraph 106 on page 393. In the preface Professor Powell states the three guiding stresses in his study to be upon (1) integration of the whole subject, (2) current problems in the perspective of the trends of evolution, and (3) the tremendous importance …
Effect Of Lessee's "Covenant To Leave Improvements" On The Doctrine Of Trade Fixtures, Norbert F. Knecht
Effect Of Lessee's "Covenant To Leave Improvements" On The Doctrine Of Trade Fixtures, Norbert F. Knecht
Washington Law Review
Although the common law rules regarding ownership and removability of trade fixtures are too well known and too often employed to necessitate comment, the application of these rules has caused some courts substantial difficulty in cases where the lease in question contains a covenant by the lessee during the term to become the property of the lessor. The Supreme Court of Washington has considered leases containing this type of clause in two cases involving contests between landlords and tenants over the ownership of chattels installed on the premises by the tenant and has laid down the rule that when such …
Property, Wealth, Land Allocation, Planning And Development, By Myres Smith Mcdougal And David Haber (1948), Harry M. Cross
Property, Wealth, Land Allocation, Planning And Development, By Myres Smith Mcdougal And David Haber (1948), Harry M. Cross
Washington Law Review
Reviews and comments, direct and indirect, upon this new casebook, developed in furtherance of Professor McDougal's views on the proper functions of law schools, have appeared in print in several places. From some comments a seriously distorted picture of the book and its possible use is almost unavoidable-a circumstance that has persuaded me that the experience of one professor in its use can be helpful.
Water Boundaries, Tide And Shore Land Rights, John Scott Obenour Jr.
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.
How Secure Is Your Tax Foreclosure Title?, L. R. Bonneville, Jr.
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 …
Boundary Disputes In Washington, James R. Ellis
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
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 …
Judicial Interpretation Of Conveyances In Consideration Of Support, Jane E. Dowdle
Judicial Interpretation Of Conveyances In Consideration Of Support, Jane E. Dowdle
Washington Law Review
The problem of construing the legal effect of a conveyance of land by a grantor in consideration of support and maintenance during the remainder of his life by the grantee has been presented quite frequently to the courts This type of transaction has been regarded as sui generis and hence not controlled by the usual rules applicable to conveyances of land the consideration for which is the promise of the grantee to perform certain acts in the future The presumption is that the primary purpose of the grantor is to secure the personal performance by the grantee of the obligation …
The Amendment Of The Waste Statute—Retrogression?, Harry M. Cross
The Amendment Of The Waste Statute—Retrogression?, Harry M. Cross
Washington Law Review
It has generally been true that the provisions of waste statutes authorizing multiple damage awards are strictly construed, but this normally has meant that multiple damages will be awarded for voluntary waste whether innocently committed or not, and only single damages for permissive waste. Although the variance between the permissive "may" and the mandatory "shall" might not compel the court to reach a different conclusion, under the limitation of the permissive language of the statute announced in DeLano v. Tennent, it would appear that the legislature by changing to "shall" has flatly rejected the policy against awarding multiple damages and …
The Effect Of A Mortgage Foreclosure On A Lease Executed Subsequent To The Mortgage, Snyder Jed King
The Effect Of A Mortgage Foreclosure On A Lease Executed Subsequent To The Mortgage, Snyder Jed King
Washington Law Review
A owns Blackacre in fee. B loans money to A and takes a mortgage on Blackacre as security for the debt. Subsequent to the execution of the mortgage A leases the land to C. A then defaults on his debt and B takes steps to realize on his security. What are the rights and obligations of B, the mortgagee, C, the lessee and A, the mortgagor-lessor?
The Assessment And Taxation Of Easements, Snyder Jed King
The Assessment And Taxation Of Easements, Snyder Jed King
Washington Law Review
A sells a plot of ground to B, reserving in the grant an easement of way across B's property. B becomes delinquent in the payment of his taxes on the property and allows it to go by tax foreclosure. C purchases the property at the tax foreclosure sale and now attempts to keep A from using the right of way, asserting that the title he derived from the tax sale has cut off A's right of easement. The resulting problem has received varied treatment in the different jurisdictions of this country. The apparent conflict in the decisions can be partially …
Real Estate Brokers' Contracts Within The Statute Of Frauds, Hardyn B. Soule
Real Estate Brokers' Contracts Within The Statute Of Frauds, Hardyn B. Soule
Washington Law Review
That the dictates of the law and the principles of common morality are not always blended to perfection is not a startlingly new pronouncement. Undoubtedly the courts use every legitimate means at their disposal in forming their decrees to enforce conduct that we are pleased to regard as called for in the name of simple honesty. But in at least one situation the Statute of Frauds has appeared to many courts to prevent a decree harmonizing law and justice. The type situation is that P, being desirous of purchasing a piece of realty, orally engages A to negotiate the purchase …
Necessity For Compensation For Violation Of A Restrictive Covenant In An Eminent Domain Proceeding, Wayne C. Booth
Necessity For Compensation For Violation Of A Restrictive Covenant In An Eminent Domain Proceeding, Wayne C. Booth
Washington Law Review
In eminent domain proceedings where the state or a repository of state power seeks to use land within a restricted residence area for a purpose not consistent with the restrictive covenants, recovery of compensation by adjacent owners in the subdivision for this violation seems dependent upon whether the interest created by the covenants in the adjacent owners is a "property right". If it is a property right it can not under most state and the federal constitutions be taken by eminent domain unless compensation is made.' On the other hand, if the interest be not "property" no compensation need be …
Jurisdiction Over Lands Ownedy By The United States Within The State Of Washington: Part I, The Subject In General, John N. Rupp
Jurisdiction Over Lands Ownedy By The United States Within The State Of Washington: Part I, The Subject In General, John N. Rupp
Washington Law Review
Among the unique characteristics of our federal system of government is the concept of the dual sovereignty of the national and state governments over land, things, and persons located within the boundaries of the states. In addition to its position and rights as ultimate sovereign over all territory within its borders, the United States is also a corporate body politic and as such can make contracts, and can hold property, both real and personal. Under this power to own property in its own right the United States has become a great landed proprietor, owning many tracts of land within the …
Contracts To Devise Real Property, Willard J. Wright
Contracts To Devise Real Property, Willard J. Wright
Washington Law Review
Contracts to devise real property are frequently entered into and are generally held to be a valid mode of transferring realty. Very properly the courts view such contracts with suspicion, especially when orally made. In order to prove the contract to devise real property some states require that it be in writing, otherwise it will be deemed void. But the majority of courts are not so strict and an oral contract if adequately proven is satisfactory. However, in proving oral contracts some states require that the contract be proven "independent of the performance" while other courts including Washington are more …
Conditional Sales—Legislation In The State Of Washington—Recent Legislation, Particularly Where Personality Is Attached To Buildings On Realty, Leslie J. Ayer
Conditional Sales—Legislation In The State Of Washington—Recent Legislation, Particularly Where Personality Is Attached To Buildings On Realty, Leslie J. Ayer
Washington Law Review
It is a well recognized principle of the common law that as between the vendor and vendee in a transaction involving property, they may by agreement fix the incidents which shall attach. The law is replete, however, with cases where a party in possession using the property creates a more or less deceptive appearance as to the ownership of the property so far as third parties are concerned. As between the vendor and a third party who has been misled, the law has taken into consideration not merely the objective incidents such as use and possession, but in addition the …
The Tort Liability Of Users Of Abandoned Property, James W. Johnston
The Tort Liability Of Users Of Abandoned Property, James W. Johnston
Washington Law Review
A question which from the standpoint of decisions is seemingly unique was raised in the case of Locke v. Pacific Telephone & Telegraph Co. et al, 78 Wash. Dec. 40, 33 Pac. (2d) 1077 (1934), concerning the liability of users of abandoned property The city of Seattle erected a pole in 1905 on a parking strip bordering one of its streets, for the purpose of carrying the wires of the city's light plant. In 1926 the city removed all of its wires from the pole, and shortly thereafter the defendant telephone company placed a single drop wire on the pole …
Duty Of A Landlord To Third Persons Outside The Premises, Orville K. Algyer
Duty Of A Landlord To Third Persons Outside The Premises, Orville K. Algyer
Washington Law Review
The recent case of Munger v. Unon Savings & Loan Assn., presents a phase of the rather interesting question, under what factual circumstances will the courts find that the landlord after having leased his premises will continue to be held responsible for the general duties of an occupant in relation to third persons who are injured outside the premises, at a place where such persons have a right to be, by a defective condition or nuisance existing on the premises demised. In tbis case D, occupying a four-story building adjoining a public street, rented the third and fourth floors of …
Priority Between Morgagee And Creditor Of Mortgagor In An Unrecorded Chattle Mortgage, Gordon H. Sweany
Priority Between Morgagee And Creditor Of Mortgagor In An Unrecorded Chattle Mortgage, Gordon H. Sweany
Washington Law Review
The interpretation of this statute by the Washington Supreme Court has not always been uniform or certain. In determining the priority of the respective claims of a mortgagee under a defective mortgage and of a creditor of the mortgagor, several questions may be raised which can not be answered with certainty as the law stands today.
Mortgage Moratoria Legislation—Deficiency Judgments, Muriel A. Mawer
Mortgage Moratoria Legislation—Deficiency Judgments, Muriel A. Mawer
Washington Law Review
In every serious financial period in the history of this country, there has been a legislative recognition of the imperative need for reliefs for the debtor class. Roughly, the relief afforded can be placed in four classifications.
Effect Upon A Lease Of A Real Estate Mortgage Foreclosure, George V. Powell
Effect Upon A Lease Of A Real Estate Mortgage Foreclosure, George V. Powell
Washington Law Review
This discussion will be confined to those jurisdictions adopting the lien theory of mortgages. Many of the questions involved are regulated wholly or partly by statute, so there will be no attempt to make a critical comparison of the rules in the various states. To determine what rule will be followed in any particular state, its statutes should be compared with those existing in the states in which decisions have been reported.
Some Effects Of The Aliend Land Act In Washington, Joseph J. Lanza
Some Effects Of The Aliend Land Act In Washington, Joseph J. Lanza
Washington Law Review
Legislation restricting the ownership of land by aliens in the State of Washington, has given rise to many interesting questions of law. The Supreme Court of the State, beginning with the Oregon Mortgage Co. v. Carstens case in 1896, and presently ending with the Ying v. Kay cases in 1933, has had manifold opportunities to answer a great portion of the perplexing problems that have arisen under the Alien Land laws. However, there remain many questions as yet undecided, and it is the purpose of this article to not only epitomize the conclusions already adjudicated, but also predict some probable …
Mortgagability Of Rents, Profits, Appointment Of Receivers, J. C. Pearl
Mortgagability Of Rents, Profits, Appointment Of Receivers, J. C. Pearl
Washington Law Review
The prevailing view, and the one which has always been adopted in Washington, is that a mortgage upon realty creates merely a lien thereon and does not pass title thereto, either before or after condition broken, Hyde v. Heller; Dane v. Dansel; Fischer v. Woodruff; this view being codified by an act of the territorial legislature of 1869 providing that "A mortgage of real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law."
The Rights Of Japanese And Chinese Aliens In Land In Washington, Jack D. Freeman
The Rights Of Japanese And Chinese Aliens In Land In Washington, Jack D. Freeman
Washington Law Review
Here on the Pacific Coast the question of what rights a Japanese or Chinese alien can acquire in real property is of vital importance. A glance into the early law in regards to the rights of aliens in general will serve as an introduction to the problem. The early English common law would not allow an alien to hold land because of the poor policy of permitting the holding of land by one who owed allegiance to another sovereign. This was evaded by a system of uses and trusts. The early American law was the same. Again a system of …
Interest Acquired By Purchaser At Foreclosure Or Execution Sale, Alfred J. Schweppe
Interest Acquired By Purchaser At Foreclosure Or Execution Sale, Alfred J. Schweppe
Washington Law Review
What is the nature of the interest acquired by a purchaser of real estate at a foreclosure or execution sale in the state of Washington?