Category Archives: Land Use

Does a Purchaser at a Foreclosure Sale Take Title subject to Encumbrances recorded after the Borrower Executed the Deed of Trust?

The long-standing rule in Washington is first in time, first in right. This is the basic rule of Washington’s Recording Act at RCW 65.08.070. In addition, when a deed of trust is foreclosed under RCW 61.24, the trustee’s deed conveys all title that the borrower had at the time of executing the deed of trust to the purchaser.

 What is the purpose of Homeowner Associations?

Homeowner associations derive authority to carry out the function of enforcing covenants from the declaration of covenants, conditions, and restrictions and the deeds to the property within a development.

May an Easement Holder Adversely Possess the Property over which the Holder has the Easement?

What happens when one neighbor who shares an easement and driveway with another neighbor who is the property owner, attempts a land grab by encroaching onto the owner’s property?