W. Theodore Vander Wel's Answers

What is the process for preparing and filing a quit claim deed in King County, Washington

Quitclaim deeds are normally one- or two-page documents. You need to have certain language and the proper format for it, however, before the King County Recorder's Office will record it. Recording fees are $24.00 for the first page and $1.00 for each page thereafter. You will also need to prepare a real estate excise tax affidavit and cite the WAC provision for the possible exemption. The minimum processing fee for that is $10.00.

5 people marked this answer as helpful

Civil litigation procedure in WA state, process for responding to a summons and complaint

Service by third-person delivery or mail is acceptable. That said, it must be done within the days set forth in the summons you should have received and, if you use mail, you should use certified mail to have proof of when it was received. If you use personal delivery, have a copy of the face page stamped at the attorney's office as proof of receipt.

4 people marked this answer as helpful

WA state real estate law, neighborhood covenants, liability for topping neighbor's trees

Unless your neighbor has been granted a view easement or covenant authorizing the topping activity, he likely has liability to you. Depending on the circumstances, the damages recoverable could be three times the value of the tree damage. You may also be able to recover your attorney's fees and court costs incurred pursuing your "timber trespass" claim.

1 person marked this answer as helpful

Is a document that is not notorized invalid

The answer depends on the nature of the document. Many real estate documents, e.g., deeds, that need to be recorded must be notarized. Other documents, e.g., certain contracts, need not be notarized to be enforceable.

"Presentation of Order Hearing"

A hearing for the presentation of an order is used for the court to memorialize a previous oral ruling by entering a written order. Courts do not always enter written orders on the same day they make oral rulings, expecially if the findings of fact, conclusions of law and/or relief are multifaceted. After an oral ruling is made, if the parties or their attorneys are unable to agree upon the language of an order to memeorialize the court's decision, then a presentation hearing becomes...

Can a owner of real property seek to modify the language in a general use easement

The grantor of the easement obviously did you no favors. Language such as "any purpose" and sole discretion" is about as broad as you can get. I agree that the use of those terms is too broad. Unfortunately, however, there is nothing you can do about such language now. The language "non-exclusive" is your best basis for an argument of reasonableness. It means that your neighbor cannot exclude you from using the same area. I'd contend that the court must give as much emphasis to the...