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Articles 121 - 150 of 154
Full-Text Articles in Property Law and Real Estate
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?
Real Estate Financing, By Nelson L. North, Dewitt Van Buren, And C. Elliott Smith (1928), Arthur W. Harris
Real Estate Financing, By Nelson L. North, Dewitt Van Buren, And C. Elliott Smith (1928), Arthur W. Harris
Washington Law Review
No abstract provided.
Rights Of A Vendee Under An Executory Contract For The Sale Of Realty As Determined By The Supreme Court Of Washington In Recent Cases, Herald A. O'Neill
Rights Of A Vendee Under An Executory Contract For The Sale Of Realty As Determined By The Supreme Court Of Washington In Recent Cases, Herald A. O'Neill
Washington Law Review
Since the case of Ashford v. Reese, it has been a much mooted question as to the extent of a vendee's rights under an executory contract for the sale of realty The purpose of this article is not to discuss the correctness of the rule of law as laid down in the Ashford case, but to examine the rights of a vendee, irrespective of the question as to whether or not he should have what is known in the law as an equitable title. Logically, even though the doctrine of equitable conversion be rejected, the vendee's remedy of specific performance …
Statutory Redemption Rights, F. C. Hackman
Statutory Redemption Rights, F. C. Hackman
Washington Law Review
Herein will be discussed some of the problems which arise under the provisions of the code of Washington granting the right to redeem from execution sales of real property.
Real Estate Titles And Conveyancing, By Nelson L. North And Dewitt Van Buren (1927), F. C. Hackman
Real Estate Titles And Conveyancing, By Nelson L. North And Dewitt Van Buren (1927), F. C. Hackman
Washington Law Review
No abstract provided.
The New Forfeiture Clause Test In Executory Contracts For The Sale Of Real Estate, Alfred J. Schweppe
The New Forfeiture Clause Test In Executory Contracts For The Sale Of Real Estate, Alfred J. Schweppe
Washington Law Review
The principle of Ashford v. Reese does not yet seem to have come to rest. In the recent case of Aylward v. Lally the supreme court has added another chapter on the legal relationship of vendor and purchaser, the incidents of which in this state at the present time are none too well defined.
Rights Of Vendees Under Executory Contracts Of Sale, George D. Lantz
Rights Of Vendees Under Executory Contracts Of Sale, George D. Lantz
Washington Law Review
It has been held by the Supreme Court of the State of Washington in a number of cases, that an executory contract to sell either real or personal property, generally designated as a conditional sales or installment contract, does not create in the vendee or buyer any legal or equitable interest in the property In so far as the rule applies to real property, there was a disposition on the part of many members of the bar to adversely criticise those decisions and to become fearful of their effect upon the status of the vendee's rights, after the court decided …
Changes In Washington Land Title Record Law, F. C. Hackman
Changes In Washington Land Title Record Law, F. C. Hackman
Washington Law Review
Among the many laws enacted by the recent Legislature, which were approved by the Governor, and took effect at 12 o'clock midnight June 8, is one which governs the filing of land title instruments for recordation and repealing the existing statute, Section 10596 of Remington's Compiled Statutes. The title and the sections of this act material to this discussion are set forth below.
Cases On Mortgages, By James Lewis Parks (1926), Crawford M. Bishop
Cases On Mortgages, By James Lewis Parks (1926), Crawford M. Bishop
Washington Law Review
No abstract provided.