The Law Office of Catherine C. Clark, PLLCThe Law Office of Catherine C. Clark, PLLC2024-03-11T18:06:49Zhttps://www.loccc.com/feed/atom/WordPress/wp-content/uploads/sites/1503082/2022/08/cropped-TLOCCC-favicon-32x32.jpgOn Behalf of The Law Office of Catherine C. Clark, PLLChttps://www.loccc.com/?p=2544672024-03-11T18:06:49Z2024-03-11T18:06:49Zindicates who owns a property. When you buy a home or other property, you “assume title” or “take title” to it. A deed is an actual legal document signed by the seller and buyer that confirms the new ownership. The following are the two most common kinds of deeds.
General warranty deed
This is the deed you’ll most likely get when you purchase a new home. It’s a guarantee that a party has a right to sell the home and that the property is free of liens (claims against the property). It further guarantees that if the buyer later discovers a lien that the seller didn’t disclose (or maybe even know about), the seller is responsible for taking care of it.
Special warranty deed
The guarantee offered by a special warranty deed isn’t as all-encompassing as that of a general warranty deed. It guarantees that there aren’t any liens on it from the period during which the seller owned the property. However, if a lien is discovered that was placed on the property prior to that, a buyer will likely be responsible for resolving it. You’re most likely to have a special warranty deed if you’re buying a bank-owned or foreclosure property.
There are a number of types of deeds that provide various levels of protection against having to pay off or otherwise resolve liens on a new home or other property. It’s crucial to know what kind of deed comes with a property you’re interested in buying. It’s also a good idea to do a thorough search for liens before you make your final decision – especially if you’re interested in an older property that’s had multiple owners. This is just one reason why it’s a good idea to have experienced legal as well as real estate guidance when purchasing any property.]]>On Behalf of The Law Office of Catherine C. Clark, PLLChttps://www.loccc.com/?p=2544662024-02-23T21:18:05Z2024-02-23T21:18:05ZDisputes between landlords and tenants may arise from any aspect of their relationship. These include a breach of the lease or rental contract, damage to property, failure to remedy defective conditions and so on. Thus, it may seem challenging to avoid conflicts. But as the landlord, you can.
Below are three tips that can help you:
Screen tenants
You can avoid potential conflicts with a tenant by screening them to learn more about their rental and eviction history, criminal records, income and credit score. However, before obtaining this information, the prospective tenant should be informed about the screening in writing. They should know what information will be accessed and the criteria that may result in a denial of their application. If you will be working with a consumer reporting agency, the tenant should know the agency's name and address and their right to obtain a free copy of the consumer report.Screening a tenant may not guarantee you a smooth experience with a tenant, but it’s vital to make a decision from an informed standpoint. Even though it can be frustrating to see your unit empty when it should be making you a profit, take time screening applicants to protect your investment.
Ensure your lease/rental agreement is clear
Ambiguity can lead to landlord-tenant conflicts. Therefore, ensure your lease or rental agreement is clear. Thoroughly review it before a tenant signs it.
Have a maintenance routine
Weekly, monthly, seasonal, and yearly maintenance routines can save you from conflicts. This allows you to solve minor issues before they affect a tenant's comfort. Besides, it can reduce the chances of a tenant stating you delayed remedying a defective condition.If you are conflicting with a tenant, legal guidance can help prevent the issue from escalating. ]]>On Behalf of The Law Office of Catherine C. Clark, PLLChttps://www.loccc.com/?p=2544652024-02-14T15:37:52Z2024-02-14T15:37:52ZWhen purchasing a property or piece of land, you expect to be able to enjoy it. You may also have expectations in terms of privacy.
However, the laws regarding property and real estate can be nuanced. Often, other property owners may have a right to use land that you own. This is referred to as having a right of easement. Outlined below are some of the most common forms of easements.
Private easements
Private easements are relatively common. These occur when a landowner agrees to let another party use their land. For instance, if a neighbor needed a water pipe to run through another property owner’s land, they may acquire an easement.
Utility easements
There are very few houses that run without gas, electricity, water, broadband and other utilities. Generally, to have the benefits of such utilities, the utility company will need access to the land surrounding the property. The property owner may agree to a utility easement, which means that the utility company has a right to work on and install the necessary equipment on private land.
Necessary easements
Many easements involve negotiations and agreements between two or more parties. Nonetheless, there are occasions when easements are absolutely necessary. For instance, if the only route to an individual’s house is via a privately owned road, then they will likely have an easement that grants them an unrestricted right to use that road. Real estate law, and easements in particular, can be complex. If you are in the midst of a real estate dispute, gathering as much legal information as possible will help you get to the bottom of it. ]]>On Behalf of The Law Office of Catherine C. Clark, PLLChttps://www.loccc.com/?p=2544642024-02-07T00:08:53Z2024-02-07T00:08:53Zdetailed disclosures about a property's condition. This allows buyers to make informed decisions about whether to purchase the property or what may be required once they make the purchase.
Condition of the property
Sellers must fill out either an unimproved or improved residential real estate disclosure form, which covers various topics about the property's condition. This comprehensive form asks about the state of the home's electrical, plumbing, heating and other systems. It also includes questions about any material defects the property might have, including issues with the title, environmental hazards such as asbestos and any history of flooding or land instability.
Environmental hazards
Another crucial aspect of the disclosure involves environmental hazards. Sellers must disclose the presence of any known contaminants, such as lead-based paint, in homes built before 1978. Information about the property's susceptibility to natural disasters, including flood zones and earthquake risk, is also required.
Homeowners' association (HOA) information
If the property is part of a homeowners' association (HOA), sellers must provide buyers with specific information related to the HOA. This includes the HOA's fees, any special assessments that might be pending and the minutes from recent HOA meetings.
The requirement for detailed disclosures in Washington real estate transactions underscores the importance of transparency in the buying and selling process. Both parties involved in a transaction should review all documents involved in the process. Seeking legal assistance is often beneficial due to the complexity of this undertaking and the stakes of any particular transaction in question.]]>On Behalf of The Law Office of Catherine C. Clark, PLLChttps://www.loccc.com/?p=2544592023-12-12T23:34:48Z2023-12-12T23:34:48ZWhen you find a piece of real estate to buy, it is best to ensure you are 100% sure that the title is clean before you sign to purchase. A clean title simply means one where there are no doubts over ownership.
Real estate titles often have minor issues with them that could potentially cause you problems if you go ahead without clarifying things first. For example, the neighbor believes the boundary line should be a few feet further to your side. Someone claims they have the right of access across the land. Or someone believes the property cannot be sold without the owner first paying off a debt that the owner says is already canceled.
A quiet title action can provide clarity on what the truth is
For example, it may be that the current owner did indeed pay the debt off, but the lien still shows on the property due to a clerical error. Perhaps the neighbor is correct, and a previous owner did put the boundary fence in the wrong place. Or, in the case of someone claiming a right of access, it may be that they do have that, and that right will continue for another ten years, or that it will die when the property changes hands.Real estate typically requires a significant investment, so it is best to ensure you are clear on the state of the title before going ahead. Learning more about how to file a quiet title action can give you the clarity you need.]]>On Behalf of The Law Office of Catherine C. Clark, PLLChttps://www.loccc.com/?p=2544582023-11-29T15:41:33Z2023-11-29T15:41:33ZDealing with a nuisance neighbor
Simply put, Washington defines nuisances as actions that annoy, injure or endanger others or their use of property. Unfortunately, there are many people who have little regard for others who live nearby. Some neighbors host loud parties until the wee hours, have dogs that bark nonstop or do not respect property boundaries.
While tolerating a nuisance neighbor might be possible for a while, enduring their behavior for years could drive you to your wit’s end. More importantly, if your safety is at risk, you need to take action immediately.
There are a few ways you could deal with a nuisance neighbor:
Talk face-to-face
Your neighbor may not be aware they’re causing a nuisance. While your emotions may run high out of frustration, it is best to stay calm when talking to your neighbor about the problem to avoid conflict. Tell them about your concern and wait and see if they resolve it.
Document nuisance behavior
To bolster your case, it may be helpful to collect proof of the nuisance your neighbor causes. This could come in the form of photos, recordings or witness testimonies.
Consider involving the Homeowners Association (HOA) or other community associations
The area where you live likely has an association that implements rules and procedures that all members must follow. They could shed some light on relevant ordinances, help mediate further discussions with the nuisance neighbor or take action on your behalf.
Call the police
Unfortunately, in some situations, there is nothing you or an association can do. If no discussion or intervention seems to be working or you feel unsafe, call the police.
Seek legal counsel
When your neighbor has committed a crime, such as trespassing, causing property damage or creating excessive noise, you may be able to pursue legal action. A successful nuisance lawsuit could award you fees, an injunction, or compensatory damages. A lawyer can advise on whether you have a viable nuisance claim and what measures to take next.
Nothing compares to relaxing at home, and it can be frustrating when an inconsiderate neighbor disrupts that peace. In that case, it is essential to remember that you have options. After all, your home is your sanctuary, a place you should enjoy and feel at ease.]]>On Behalf of The Law Office of Catherine C. Clark, PLLChttps://www.loccc.com/?p=2544562023-10-27T14:50:15Z2023-10-27T14:50:15Zpay attention to the agreement you enter into, not simply sign on the dotted line without reviewing the terms of the contract. As excited as you may be to get started, failure to take certain precautious now could cost you in the long run.
As you are reviewing the terms of your new commercial lease, keep a close eye out for the following.
Lease term
The lease term in the agreement should be similar to what you agreed to with the landlord. In addition, check the lease type – will you be required to pay associated fees for maintaining the property, or will the landlord cover the operating expenses?
Rent
The rent amount included in the lease should be similar to what the landlord informed you. Further, check the terms associated with the rent amount. When should you pay rent? What happens when you delay? Can the landlord change it without notification? Can you negotiate or contest a rent increase?
Security deposit
You should know how much security deposit you need to pay. Additionally confirm what can and cannot be covered by the security deposit and how long it will take the landlord to return it after your lease ends.
Subleasing
The lease agreement you sign should clearly outline if you can sublease part or all of your space to another business. Understanding your rights to sublease the property can save you from hefty penalties.
Permitted use
Your landlord-to-be may only permit your current business in the premises. Therefore, if you wish to change your operations later, you will need to talk to them to better understand your options. Having this chat proactively can help you make informed decisions.
Finally, as you’re reviewing the terms of your lease, you may want to consider seeking legal guidance to confirm whether the lease agreement terms in question are reasonable, favorable and enforceable. When it comes to contracts, knowledge truly is power.]]>On Behalf of The Law Office of Catherine C. Clark, PLLChttps://www.loccc.com/?p=2544552023-10-16T23:09:57Z2023-10-16T23:09:57Zeminent domain law.
There are some restrictions
The government cannot buy you out because it doesn’t like you living in a specific area. It can’t force you to sell because an agent of the government thinks your land would be perfect for their dream mansion. It needs a valid reason that is in the public interest. For example, to run a new rail line or to build an urgently needed hospital or school.
That gives you some grounds for challenge
You can challenge why the government needs to take your particular plot and can’t just run the line a few hundred yards outside your boundary. Or why it can’t site a hospital or school on another piece of land. Or, why the government needs all your land and can’t just take a smaller piece.
You can also potentially challenge the price offered. While governments cannot be seen to overpay for land, they should be paying you a fair price. You may disagree with the price they offer and push for more. You can even challenge the whole project. Does your area really need another project of this type, or is it just being built to assuage someone’s ego, or to put money into someone’s pockets?
Going up against the government won’t be easy, but each year many landowners succeed in getting some kind of favorable result when responding to such action. Learning more is the first step if you face an eminent domain order, so seeking legal guidance is likely a good idea.]]>On Behalf of The Law Office of Catherine C. Clark, PLLChttps://www.loccc.com/?p=2544502023-09-13T16:40:09Z2023-09-13T16:40:09ZWhat does lien priority mean?
To put it simply, lien priority determines who gets paid first when a property is sold or foreclosed upon. It is a crucial concept in property law that can help ensure creditors receive their due payments. So, when co-tenants share ownership of the property, conflicts can arise over which liens take precedence.
Resolving lien priority disputes
To resolve lien priority disputes among co-tenants, co-tenants may consider:
Maintaining open and honest communication: Co-tenants should discuss their concerns and what their options are, and work toward a mutually agreeable solution.
Seeking legal assistance: Consulting with an attorney can help in determining the best course of action that co-tenants may pursue to resolve the dispute.
Refinancing or loan assumption: If one co-tenant holds the mortgage, they may consider refinancing or allowing another co-tenant to assume the loan. This can help clear up lien priority issues.
Selling the property: In some cases, selling the property and distributing the proceeds among co-tenants may be the most practical solution.
Lien priority disputes are a common issue in real estate, and they become more complex when co-tenants are involved. If you find yourself in such a situation, remember that clarity and cooperation can go a long way in preventing disputes and preserving your interests in the property.]]>On Behalf of The Law Office of Catherine C. Clark, PLLChttps://www.loccc.com/?p=2544482023-08-17T18:44:56Z2023-08-17T18:44:56ZUnfortunately, these offenses only are discovered once the damage has caught up with the victims. Out of nowhere, homeowners might receive notices for overdue repayments on unknown mortgages. Sometimes, they learn about unauthorized title or deed transactions, affecting their ownership rights and mortgage obligations. Victims can report these incidents to the police, but the perpetrators often use fake identities to commit the crime, making them challenging to trace.
Still, local authorities know of title fraud's grave effects on unsuspecting victims. Officials advise homeowners to take the following measures to prevent or detect title fraud incidents early:
Regularly check and monitor online records or registries containing information about the property.
If the property has no occupants, periodically visit it to check for illegal residents.
Check and organize mail regularly, making it easier to notice signs of potential title fraud.
Provide tax officers and assessors with the most updated contact details to receive notices properly.
Immediately file a report with the district attorney after detecting suspicious activities involving the property.
Additionally, homeowners can seek services that provide regular credit reports so they can watch for indications that someone else has access to sensitive personal information. This might not secure the title but could keep homeowners updated if suspicious entities have stolen their identity.
Being vigilant to prevent fraudulent title transactions
Constantly reviewing property information on county records could be tedious but worth the effort. Doing so could help homeowners notice unauthorized transactions as early as possible. Realtors, lending services and other title firms are also taking steps to address title fraud.
Removing the risk of falling prey to title fraud is nearly impossible. However, practicing preventative measures could help safeguard the interest of homeowners and their lenders.]]>