Title 64 — Title 64 REAL PROPERTY AND CONVEYANCES

(1) A private transfer fee obligation recorded or entered into in this state on or after April 13, 2011, does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee or holder of any in…

Any person who records, or enters into, an agreement imposing a private transfer fee obligation in the person's favor after April 13, 2011, is liable for (1) any damages resulting from the imposition of the private transfer fee obligation on the transfer of an interest in the rea…

(1) A payee of a private transfer fee obligation imposed before April 13, 2011, shall record, before December 31, 2011, against the real property subject to the private transfer fee obligation, a separate document in the county auditor's office in the county in which the real pro…

This chapter may be known and cited as the private transfer fee obligation act.[ 2011 c 36 s 2.]

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 13, 2011].[ 2011 c 36 s 7.]

The following definitions apply throughout the section [The definitions in this section apply throughout this chapter] unless the context clearly requires otherwise.(1) "Appurtenant easement" means an easement tied to or dependent on ownership or occupancy of a unit or a parcel o…

A servient estate owner may relocate an easement under this chapter only if the relocation does not materially:(1) Lessen the utility of the easement;(2) After the relocation, increase the burden on the easement holder in its reasonable use and enjoyment of the easement;(3) Impai…

(1) To obtain an order to relocate an easement under this chapter, a servient estate owner must commence a civil action.(2) A servient estate owner that commences a civil action under subsection (1) of this section:(a) Shall serve a summons and complaint on:(i) The easement holde…

(1) The court may not approve relocation of an easement under this chapter unless the servient estate owner:(a) Establishes that the easement is eligible for relocation under RCW 64.65.120; and(b) Satisfies the conditions for relocation under RCW 64.65.020.(2) An order under this…

A servient estate owner is responsible for reasonable expenses of relocation of an easement under this chapter, including the expense of:(1) Constructing improvements on the servient estate or dominant estate in accordance with an order under RCW 64.65.040;(2) During the relocati…

After the court, under RCW 64.65.040, approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder, and other parties in the civil action shall act in good faith to facilitate the relocation in complianc…

(1) If an order under RCW 64.65.040 requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the new location, the servient estate owner…

(1) Relocation of an easement under this chapter:(a) Is not a new transfer or a new grant of an interest in the servient estate or the dominant estate;(b) Is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a securi…

The right of a servient estate owner to relocate an easement under this chapter may not be waived, excluded, or restricted by agreement even if:(1) The instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this chapter;(2) The in…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.[ 2023 c 6 s 212.]

This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the not…

(1) Except as otherwise provided in subsection (2) of this section, this chapter applies to an easement established by express grant or reservation or by prescription, implication, necessity, estoppel, or other method.(2) This chapter may not be used to relocate:(a) A public util…

This chapter applies to an easement created before, on, or after July 23, 2023.[ 2023 c 6 s 214.]

RCW 64.65.010 through 64.65.130 may be known and cited as the uniform easement relocation act.[ 2023 c 6 s 201.]

The legislature finds that the national conference of commissioners on uniform state laws has developed uniform legislation called the uniform environmental covenants act. The act ensures that environmental covenants, recorded use restrictions negotiated in connection with hazard…

This chapter may be cited as the uniform environmental covenants act.[ 2007 c 104 s 2.]

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.[ 2007 c 104 s 14.]

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Activity or use limitations" means restrictions or obligations created under this chapter with respect to real property.(2) "Agency" means either the department of eco…

(1) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property.(…

(1) An environmental covenant must:(a) State that the instrument is an environmental covenant executed pursuant to this chapter;(b) Contain a legally sufficient description of the real property subject to the covenant;(c) Describe with specificity the activity or use limitations …

(1) An environmental covenant that complies with this chapter runs with the land.(2) An environmental covenant that is otherwise effective is valid and enforceable even if:(a) It is not appurtenant to an interest in real property;(b) It can be or has been assigned to a person oth…

This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or …

(1) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:(a) Each person that signed the covenant;(b) Each person holding a recorded interest in the real property subject to the covenant;(c) Each person in possession of …

(1) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.(2) Except as otherwise p…

(1) An environmental covenant is perpetual unless it is:(a) By its terms limited to a specific duration or terminated by the occurrence of a specific event;(b) Terminated by consent pursuant to RCW 64.70.100;(c) Terminated pursuant to subsection (2) of this section;(d) Terminated…

(1) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:(a) The agency;(b) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;(c) Each person that originally…

(1) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:(a) A party to the covenant;(b) The agency or, if it is not the agency, the department of ecology;(c) Any person to whom the covenant expressly grants power…

(1) The department of ecology shall establish and maintain a registry that contains information identifying all environmental covenants established under this chapter and any amendment or termination of those covenants, including the county where the covenant is recorded and the …

This chapter modifies, limits, or supersedes the federal electronic signatures in global and national commerce act (15 U.S.C. Sec. 7001 et seq.) but does not modify, limit, or supersede section 101 of that act (15 U.S.C. Sec. 7001(a)) or authorize electronic delivery of any of th…

The following definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Beneficiary" means a person that receives property under a transfer on death deed.(2) "Designated beneficiary" means a person designated to receive property …

An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed. A transfer on death deed may not be used to effect a deed in lieu of foreclosure of a deed of trust.[ 2014 c 58 s 5.]

A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.[ 2014 c 58 s 6.]

A transfer on death deed is nontestamentary.[ 2014 c 58 s 7.]

The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.[ 2014 c 58 s 8.]

A transfer on death deed:(1) Except as otherwise provided in subsection (2) of this section, must contain the essential elements and formalities of a properly recordable inter vivos deed;(2) Must state that the transfer to the designated beneficiary is to occur at the transferor'…

A transfer on death deed is effective without:(1) Notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or(2) Consideration.[ 2014 c 58 s 10.]

(1) Subject to subsection (2) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:(a) Is one of the following:(i) A transfer on death deed that revokes the deed or part of the deed expressly or by inco…

During a transferor's life, a transfer on death deed does not:(1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;(2) Affect an interest or right of a transferee, even if the transferee has actual or const…

(1) Except as otherwise provided in this section, or in RCW 11.07.010, and 11.05A.030, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:(a) Subject to (b) of this subsection,…

A beneficiary may disclaim all or part of the beneficiary's interest as provided by chapter 11.86 RCW.[ 2014 c 58 s 14.]

A beneficiary of a transfer on death deed is liable for an allowed claim against the transferor's probate estate and statutory allowances to a surviving spouse and children to the extent provided in RCW 11.18.200, 11.42.085, and chapter 11.54 RCW.[ 2014 c 58 s 15.]

This chapter may be cited as the Washington uniform real property transfer on death act.[ 2014 c 58 s 1.]

This chapter applies to a transfer on death deed made before, on, or after June 12, 2014, by a transferor dying on or after June 12, 2014.[ 2014 c 58 s 3.]

The chapter does not affect any method of transferring property otherwise permitted under the law of this state.[ 2014 c 58 s 4.]

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.[ 2014 c 58 s 16.]