Title 64 — Title 64 REAL PROPERTY AND CONVEYANCES
22 chapters · 521 sections in this title.
RCW 64.04.005 Liquidated damages—Earnest money deposit—Exclusive remedy—Definition.
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(1) A provision in a written agreement for the purchase and sale of real estate which provides for liquidated damages or the forfeiture of an earnest money deposit to the seller as the seller's sole and exclusive remedy if a party fails, without legal excuse, to complete the purc…
RCW 64.04.007 Owner-occupied real property—Release of security interest—Outstanding debt—Notice to borrower—Definition.
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(1) If the beneficiary or mortgagee, or its assignees, of debt secured by owner-occupied real property intends to release its deed of trust or mortgage in the real property for less than full payment of the secured debt, it shall provide upon its first written notice to the borro…
RCW 64.04.010 Conveyances and encumbrances to be by deed.
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Every conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed: PROVIDED, That (1) leases do not require acknowledgment, witness, or seals, but to be recorded, a lease and a memorandum of leas…
RCW 64.04.020 Requisites of a deed.
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Every deed shall be in writing, signed by the party bound thereby, and acknowledged by the party before some person authorized by *this act to take acknowledgments of deeds.[ 1929 c 33 s 2; RRS s 10551. Prior: 1915 c 172 s 1; 1888 p 50 s 2; 1886 p 177 s 2; Code 1881 s 2312; 1854 …
RCW 64.04.030 Warranty deed—Form and effect.
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Warranty deeds for the conveyance of land may be substantially in the following form, without express covenants:The grantor (here insert the name or names and place or residence) for and in consideration of (here insert consideration) in hand paid, conveys and warrants to (here i…
RCW 64.04.040 Bargain and sale deed—Form and effect.
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Bargain and sale deeds for the conveyance of land may be substantially in the following form, without express covenants:The grantor (here insert name or names and place of residence), for and in consideration of (here insert consideration) in hand paid, bargains, sells, and conve…
RCW 64.04.050 Quitclaim deed—Form and effect.
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Quitclaim deeds may be in substance in the following form:The grantor (here insert the name or names and place of residence), for and in consideration of (here insert consideration) conveys and quitclaims to (here insert grantee's name or names) all interest in the following desc…
RCW 64.04.055 Deeds for conveyance of apartments under horizontal property regimes act.
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All deeds for the conveyance of apartments as provided for in chapter 64.32 RCW shall be substantially in the form required by law for the conveyance of any other land or real property and shall in addition thereto contain the contents described in RCW 64.32.120.[ 1963 c 156 s 29…
RCW 64.04.060 Word "heirs" unnecessary.
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The term "heirs", or other technical words of inheritance, shall not be necessary to create and convey an estate in fee simple. All conveyances heretofore made omitting the word "heirs", or other technical words of inheritance, but not limiting the estate conveyed, are hereby val…
RCW 64.04.070 After acquired title follows deed.
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Whenever any person or persons having sold and conveyed by deed any lands in this state, and who, at the time of such conveyance, had no title to such land, and any person or persons who may hereafter sell and convey by deed any lands in this state, and who shall not at the time …
RCW 64.04.090 Private seals abolished.
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The use of private seals upon all deeds, mortgages, leases, bonds, and other instruments, and contracts in writing, including deeds from a husband to his wife and from a wife to her husband for their respective community right, title, interest or estate in all or any portion of t…
RCW 64.04.100 Private seals abolished—Validation.
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All deeds, mortgages, leases, bonds and other instruments and contracts in writing, including deeds from a husband to his wife and from a wife to her husband for their respective community right, title, interest or estate in all or any portion of their community real property, wh…
RCW 64.04.105 Corporate seals—Effect of absence from instrument.
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The absence of a corporate seal on any deed, mortgage, lease, bond or other instrument or contract in writing shall not affect its validity, legality or character in any respect.[ 1957 c 200 s 1.]
RCW 64.04.130 Interests in land for purposes of conservation, protection, preservation, etc.—Ownership by certain entities—Conveyances—Definitions.
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A development right, easement, covenant, restriction, or other right, or any interest less than the fee simple, to protect, preserve, maintain, improve, restore, limit the future use of, or conserve for open space purposes, any land or improvement on the land, whether the right o…
RCW 64.04.135 Criteria for monitoring historical conformance not to exceed those in original donation agreement—Exception.
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The criteria for monitoring historical conformance shall not exceed those included in the original donation agreement, unless agreed to in writing between grantor and grantee.[ 1987 c 341 s 4.]
RCW 64.04.140 Legislative declaration—Solar energy systems—Solar easements authorized.
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The legislature declares that the potential economic and environmental benefits of solar energy use are considered to be in the public interest; therefore, local governments are authorized to encourage and protect access to direct sunlight for solar energy systems. The legislatur…
RCW 64.04.150 Solar easements—Definitions.
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(1) As used in this chapter:(a) "Solar energy system" means any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for use in:(i) The heating or cooling of …
RCW 64.04.160 Solar easements—Creation.
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A solar easement created under this chapter may only be created by written agreement. Nothing in this chapter shall be deemed to create or authorize the creation of an implied easement or a prescriptive easement.[ 1979 ex.s. c 170 s 14.]Notes:Severability—1979 ex.s. c 170: See no…
RCW 64.04.170 Interference with solar easement—Remedies.
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In any action for interference with a solar easement, if the instrument creating the easement does not specify any appropriate and applicable remedies, the court may choose one or more remedies including but not limited to the following:(1) Actual damages as measured by increased…
RCW 64.04.175 Easements established by dedication—Extinguishing or altering.
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Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or …
RCW 64.04.180 Railroad properties as public utility and transportation corridors—Declaration of availability for public use—Acquisition of reversionary interest.
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Railroad properties, including but not limited to rights-of-way, land held in fee and used for railroad operations, bridges, tunnels, and other facilities, are declared to be suitable for public use upon cessation of railroad operations on the properties. It is in the public inte…
RCW 64.04.190 Public utility and transportation corridors—Defined.
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Public utility and transportation corridors are railroad properties (1) on which railroad operations have ceased; (2) that have been found suitable for public use by an order of the Interstate Commerce Commission of the United States; and (3) that have been acquired by purchase, …
RCW 64.04.200 Existing rate or charge for energy conservation—Seller's duty to disclose.
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Prior to closing, the seller of real property subject to a rate or charge for energy conservation measures, services, or payments provided under a tariff approved by the utilities and transportation commission pursuant to RCW 80.28.065 shall disclose to the purchaser of the real …
RCW 64.04.210 Requests for notice of transfer or encumbrance—Disclosure—Notice to department of social and health services.
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(1) If the department of social and health services has filed a request for notice of transfer or encumbrance under RCW 43.20B.750:(a) A title insurance company or agent that discovers the presence of a request for notice of transfer or encumbrance when performing a title search …
RCW 64.04.220 Handling of earnest money—Definitions—Notice from holder—Interpleader action, forms—Application.
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(1) As used in this section:(a) "Day" means calendar day.(b) "Earnest money" means money placed with a holder by a prospective buyer of residential real property to show a good-faith intention to perform pursuant to an executed purchase and sale agreement.(c) "Holder" means the p…