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Real Property & Water

Recording a Deed in Washington State

by Arthur Macomber Spokane, Washington, May 20, 2019. In Washington State, all conveyances of real property or interests in real property must be by deed, signed and delivered to the grantee. The person owning the property, the grantor, must sign the deed. If the deed is to be recorded, then the deed needs to be…

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What is an Easement?

By Greg George Spokane, Washington, February 1, 2019. The Washington Supreme Court has defined an “easement” as “a property right separate from ownership that allows the use of another’s land without compensation[1].” Generally speaking, the purpose of an easement is to provide access to and from a property that otherwise does not have access. For…

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What is Title?

By Greg George Spokane, Washington, January 7, 2019. “Title” to land can be defined as the different legal rights that come under what we usually describe as “ownership” of land. For example, “title” can include the right to possess land, the right to build on land, the right to exclude others from land, and the…

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Quiet Title Actions in Washington State

By Art Macomber Spokane, WA. December 28, 2018. In Washington State, there is a type of lawsuit called a quiet title action. A lawsuit to quiet title is sometimes necessary if the original description of the property was incorrect, or if there are multiple parties who claim ownership to the same parcel. Sometimes a mortgage…

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VIDEO: Who owns and maintains a tree on a property line?

 First, who owns a tree on a property line? Under the common law, an invisible barrier starting at the center of the earth and extending to the stars runs along a real property boundary delineating each owner’s property. Today, that ownership interest is subject to claims about mineral rights underground and the rights of…

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How Tax Liens Can Affect Title to your Land

By Greg George, Attorney Coeur d’Alene, Idaho, February 22, 2018.  As we’ve all heard, only two things are certain in life: death and taxes. And while the impact of death on property ownership is well-trodden ground—occupying the careers of estate planners and other professionals—the impact of taxes is less frequently discussed. But unpaid taxes can…

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The Hirst Fix is In!

Senate Bill 6091 was signed by Gov. Inslee on Friday, January 19, 2018. It attempts to cure some of the issues related to landowners in Washington State not being able to procure building permits. As we posted last year (see https://macomberlaw.com/2017/05/18/bought-can-build/), the Washington State Supreme Court’s Hirst Decision mandated that cities and counties were responsible…

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Water Rights in Montana

Water Rights Defined Like most western states, Montana governs water resources under the prior appropriation doctrine. Under this doctrine, a water user must have a water right to appropriate water from a stream or groundwater source. For the water right to be valid, it must be used for a beneficial purpose. Each right carries a…

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Real Estate Disclosures in Washington State

by Brooks Schott and Art Macomber October 27,2017 Overview. This article discusses required disclosures by sellers of real estate in Washington State. With few exceptions, Washington State requires extensive seller disclosures before the sale of real property—whether the property is residential or commercial. The disclosure form required depends on whether the property is defined as…

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Advocate Article: Drafting Key Provisions of a Shared Well Agreement

By: Arthur B. Macomber, Managing Attorney, Macomber Law PLLC Author Bio: For over a decade, Macomber Law, PLLC has focused on real property, land use, water and construction law. Prior to attending the University of California Hastings College of the Law, Mr. Macomber enjoyed 25 years in business, real estate and construction. Mr. Macomber’s undergraduate…

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