Title 65 — Title 65 RECORDING, REGISTRATION, AND LEGAL PUBLICATION
5 chapters · 72 sections in this title.
RCW 65.04.015 Definitions.
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The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Recording officer" means the county auditor, or in charter counties the county official charged with the responsibility for recording instruments in the coun…
RCW 65.04.020 Duty to provide records.
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For the purpose of recording deeds and other instruments of writing, required or permitted by law to be recorded, the county auditor shall procure such media for records as the business of the office requires.[ 1999 c 233 s 11; 1985 c 44 s 14; 1893 c 119 s 10; Code 1881 s 2726; R…
RCW 65.04.030 Instruments to be recorded or filed.
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The auditor or recording officer must, upon the payment of the fees as required in RCW 36.18.010 for the same, acknowledge receipt therefor in writing or printed form and record in large and well bound books, or by photographic, photomechanical, electronic format, or other approv…
RCW 65.04.033 Notice of abandoned cemetery document—Recording requirements.
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Any person who has knowledge of the existence of any cemetery, abandoned cemetery, historical cemetery, or historic grave that has not been dedicated pursuant to RCW 68.24.010 through 68.24.040 may file for recording, in the county in which the cemetery or grave is located, a not…
RCW 65.04.040 Method for recording instruments—Marginal notations—Arrangement of records.
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Any state, county, or municipal officer charged with the duty of recording instruments in public records shall record them by *record location number in the order filed, irrespective of the type of instrument, using a process that has been tested and approved for the intended pur…
RCW 65.04.045 Recorded instruments—Requirements—Content restrictions—Form.
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(1) When any instrument is presented to a county auditor or recording officer for recording, the first page of the instrument shall contain:(a) A top margin of at least three inches and a one-inch margin on the bottom and sides, except that an instrument may be recorded if a mino…
RCW 65.04.047 Recorded instruments—Cover sheet—When required—Form.
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(1) If the first page of an instrument presented for recording does not contain the information required by RCW 65.04.045(1), the person preparing the instrument for recording shall prepare a cover sheet that contains the required information. The cover sheet shall be attached to…
RCW 65.04.048 Additional fee for certain documents not meeting requirements—Signed statement.
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(1) Documents which must be recorded immediately and which do not meet margin and font size requirements may be recorded for an additional fee of fifty dollars. Documents which do not meet legibility requirements must not be recorded as a nonstandard recording.(2) In addition to …
RCW 65.04.050 Index of instruments, how made and kept—Recording of plat names.
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Every auditor or recording officer must keep a general index, direct and inverted. The index may be either printed on paper or produced on microfilm or microfiche, or it can be created from a computerized database and displayed on a video display terminal. Any reference to a prio…
RCW 65.04.060 Record when lien is discharged.
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Whenever any mortgage, bond, lien, or instrument incumbering real estate, has been satisfied, released or discharged, by the recording of an instrument of release, or acknowledgment of satisfaction, the auditor shall immediately note, in the comment section of the index, the reco…
RCW 65.04.070 Recording judgments affecting real property.
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The auditor must file and record with the record of deeds, grants, and transfers certified copies of final judgments or decrees partitioning or affecting the title or possession of real property, any part of which is situated in the county of which he or she is recorder. Every su…
RCW 65.04.080 Entries when instruments offered for record—Content restrictions.
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(1) When any instrument, paper, or notice, authorized or required by law to be filed or recorded, is deposited in or electronically transmitted to the county auditor's office for filing or record, that officer must indorse upon the same the time when it was received, noting the y…
RCW 65.04.090 Further endorsements—Delivery.
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The recording officer must also endorse upon such an instrument, paper, or notice, the time when and the book and page in which it is recorded, and must thereafter either electronically transmit or deliver it to the party leaving the same for record or to the address on the face …
RCW 65.04.110 Liability of auditor for damages.
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If any county auditor to whom an instrument, proved or acknowledged according to law, or any paper or notice which may by law be recorded is delivered or electronically transmitted for record: (1) Neglects or refuses to record such instrument, paper or notice, within a reasonable…
RCW 65.04.115 Names on documents, etc., to be printed or typewritten—Indexing.
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The name or names appearing on all documents or instruments, proved or acknowledged according to law, or on any paper which may by law be filed or recorded shall be hand printed, printed or typewritten so as to be legible and the county auditor shall index said documents and inst…
RCW 65.04.130 Fees to be paid or tendered.
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Said county auditor is not bound to record any instrument, or file any paper or notice, or furnish any copies, or to render any service connected with his or her office, until his or her fees for the same, as prescribed by law, are if demanded paid or tendered.[ 2012 c 117 s 206;…
RCW 65.04.140 Auditor as custodian of records.
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The county auditor in his or her capacity of recorder of deeds is sole custodian of all books in which are recorded deeds, mortgages, judgments, liens, incumbrances, and other instruments of writing, indexes thereto, maps, charts, town plats, survey and other books and papers con…
RCW 65.08.030 Recorded irregular instrument imparts notice.
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(1) An instrument in writing purporting to convey or encumber real estate or any interest therein, which has been recorded in the auditor's office of the county in which the real estate is situated, although the instrument may not have been executed and acknowledged in accordance…
RCW 65.08.050 Recording land office receipts.
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Every cash or final receipt from any receiver, and every cash or final certificate from any register of the United States land office, evidencing that final payment has been made to the United States as required by law, or that the person named in such certificate is entitled, on…
RCW 65.08.060 Terms defined.
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(1) The term "real property" as used in RCW 65.08.060 through 65.08.150 includes lands, tenements and hereditaments and chattels real and mortgage liens thereon except a leasehold for a term not exceeding two years.(2) The term "purchaser" includes every person to whom any estate…
RCW 65.08.070 Real property conveyances to be recorded.
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(1) A conveyance of real property, when acknowledged by the person executing the same (the acknowledgment being certified as required by law), may be recorded in the office of the recording officer of the county where the property is situated. Every such conveyance not so recorde…
RCW 65.08.090 Letters patent.
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Letters patent from the United States or the state of Washington granting real property may be recorded in the office of the recording officer of the county where such property is situated in the same manner and with like effect as a conveyance that is entitled to be recorded.[ 1…
RCW 65.08.095 Conveyances of fee title by public bodies.
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Every conveyance of fee title to real property hereafter executed by the state or by any political subdivision or municipal corporation thereof shall be recorded by the grantor, after having been reviewed as to form by the grantee, at the expense of the grantee at the time of del…
RCW 65.08.100 Certified copies.
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A copy of a conveyance of or other instrument affecting real property recorded or filed in the office of the secretary of state or the commissioner of public lands, or of the record thereof, when certified in the manner required to entitle the same to be read in evidence, may be …
RCW 65.08.110 Certified copies—Effect.
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A copy of a record, when certified or authenticated to entitle it to be read in evidence, may be recorded in any office where the original instrument would be entitled to be recorded. Such record has the same effect as if the original were so recorded. A copy of the record of a c…
RCW 65.08.120 Assignment of mortgage—Notice.
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The recording of an assignment of a mortgage is not in itself notice to the mortgagor, his or her heirs, assigns or personal representatives, to invalidate a payment made by any of them to a prior holder of the mortgage.[ 2012 c 117 s 209; 1927 c 278 s 7; RRS s 10596-7.]
RCW 65.08.130 Revocation of power of attorney.
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A power of attorney or other instrument recorded pursuant to RCW 65.08.060 through 65.08.150 is not deemed revoked by any act of the party by whom it was executed unless the instrument of revocation is also recorded in the same office in which the instrument granting the power wa…
RCW 65.08.140 No liability for error in recording when properly indexed.
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A recording officer is not liable for recording an instrument in a wrong book, volume or set of records if the instrument is properly indexed with a reference to the volume and page or recording number where the instrument is actually of record.[ 1999 c 233 s 17; 1927 c 278 s 9; …
RCW 65.08.150 Duty to record.
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A recording officer, upon payment or tender to him or her of the lawful fees therefor, shall record in his or her office any instrument authorized or permitted to be so recorded by the laws of this state or by the laws of the United States.[ 2012 c 117 s 210; 1943 c 23 s 1; 1927 …
RCW 65.08.160 Recording master form instruments and mortgages or deeds of trust incorporating master form provisions.
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A mortgage or deed of trust of real estate may be recorded and constructive notice of the same and the contents thereof given in the following manner:(1) An instrument containing a form or forms of covenants, conditions, obligations, powers, and other clauses of a mortgage or dee…
RCW 65.08.170 Notice of additional water or sewer facility tap or connection charges—Required—Contents.
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When any municipality as defined in *RCW 35.91.020 or any county has levied or intends to levy a charge on property pertaining to:(1) The amount required by the provisions of a contract pursuant to RCW 35.91.020 under which the water or sewer facilities so tapped into or used wer…
RCW 65.08.180 Notice of additional water or sewer facility tap or connection charges—Duration—Certificate of payment and release.
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The notice required by RCW 65.08.170, when duly recorded, shall be effective until there is recorded in the same office in which the notice was recorded a certificate of payment and release executed by the municipality or county. Such certificate shall contain a legal description…
RCW 65.16.010 Weekly publication—How made.
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The publication of legal notices required by law, or by an order of a judge or court, to be published in a newspaper once in each week for a specified number of weeks, shall be made on the day of each week in which such newspaper is published.[ 1893 c 127 s 27; RRS s 253.]
RCW 65.16.020 Qualifications of legal newspaper.
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The qualifications of a legal newspaper are that such newspaper shall have been published regularly, at least once a week, in the English language, as a newspaper of general circulation, in the city or town where the same is published at the time of application for approval, for …
RCW 65.16.030 Affidavit of publication—Presumption.
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All legal and other official notices shall be published in a legal newspaper as herein defined, and the affidavit of publication shall state that the newspaper has been approved as a legal newspaper by order of the superior court of the county in which it is published, and shall …
RCW 65.16.040 Legal publications to be approved—Order of approval.
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Sixty days from and after the date *this act becomes effective, a legal newspaper for the publication of any advertisement, notice, summons, report, proceeding, or other official document now or hereafter required by law to be published, shall be a newspaper which has been approv…
RCW 65.16.050 Revocation of approval—Notice.
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An order of approval of a newspaper shall remain effective from the time of the entry thereof until the approval be terminated by a subsequent order of the court, which may be done whenever it shall be brought to the attention of the court that the newspaper is no longer qualifie…
RCW 65.16.060 Choice of newspapers.
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Any summons, citation, notice of sheriff's sale, or legal advertisement of any description, the publication of which is now or may be hereafter required by law, may be published in any daily or weekly legal newspaper published in the county where the action, suit or other proceed…
RCW 65.16.070 List posted in clerk's office.
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Publications commenced in a legal newspaper, *when this act takes effect, may be completed in that newspaper notwithstanding any failure to obtain an order of approval under *this act, and notwithstanding an order of termination of approval prior to completion of publication. The…
RCW 65.16.080 Scope of provisions.
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The provisions of *this act shall not apply in counties where no newspaper has been published for a period of one year prior to the publication of such legal or other official notices.[ 1941 c 213 s 5; 1921 c 99 s 3; Rem. Supp. 1941 s 253-3.]Notes:*Reviser's note: "this act," see…
RCW 65.16.091 Rates for legal notices.
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The rate charged by a newspaper for legal notices shall not exceed the national advertising rate extended by the newspaper to all general advertisers and advertising agencies in its published rate card.[ 1977 c 34 s 3.]
RCW 65.16.095 Rates for political candidates.
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The rate charged by a newspaper for advertising in relation to candidates for political office shall not exceed the national advertising rate extended to all general advertisers and advertising agencies in its published rate card.[ 1955 c 186 s 2.]Notes:Severability—1955 c 186: "…
RCW 65.16.100 Omissions for Sundays and holidays.
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Where any law or ordinance of any incorporated city or town in this state provides for the publication of any form of notice or advertisement for consecutive days in a daily newspaper, the publication of such notice on legal holidays and Sundays may be omitted without in any mann…
RCW 65.16.110 Affidavit to cover payment of fees.
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The affidavit of publication of all notices required by law to be published shall state the full amount of the fee charged for such publication and that the fee has been paid in full.[ 1921 c 99 s 7; RRS s 253-7.]
RCW 65.16.120 Payment of fees in advance, on demand.
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When, by law, any publication is required to be made by an officer of any suit, process, notice, order or other papers, the costs of such publication shall, if demanded, be tendered by the party procuring such publication before such officer shall be compelled to make publication…
RCW 65.16.130 Publication of official notices by radio or television—Restrictions.
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Any official of the state or any of its political subdivisions who is required by law to publish any notice required by law may supplement publication thereof by radio or television broadcast or both when, in his or her judgment, the public interest will be served thereby: PROVID…
RCW 65.16.150 Proof of publication by radio or television.
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Written documentation of proof of publication of legal notice or notice of event must be provided by the radio or television station broadcasting the notice.[ 2007 c 103 s 2; 1961 c 85 s 3; 1951 c 119 s 3.]
RCW 65.16.160 Publication of ordinances.
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(1) Whenever any county is required by law to publish legal notices containing the full text of any proposed or adopted ordinance in a newspaper, the county may publish a summary of the ordinance which summary shall be approved by the governing body and which shall include:(a) Th…
RCW 65.20.010 Purpose.
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The legislature recognizes that confusion exists regarding the classification of manufactured homes as personal or real property. This confusion is increased because manufactured homes are treated as vehicles in some parts of state statutes, however these homes are often used as …
RCW 65.20.020 Definitions.
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Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.(1) "Affixed" means that the manufactured home is installed in accordance with the installation standards in state law.(2) "Department" means the department of licensing.(…