Having practiced real estate law in Sequim & Port Angeles for many years, this is my list of the 10 biggest real estate problems in Clallam County. These are not buying issues or negotiating issues or due diligence issues, although you certainly want to be put on notice if any of these are potential issues on the property you intend to buy.
You can learn more about each of these by doing a search with each phrase on SequimBlog.com, or you can listen to my audios on each of these. I call these traps for the unwary, and here they are in order of how often they arise:
- Claims of Adverse Possession;
- Easement Disputes;
- Boundary Disputes;
- Disputes with Builders;
- Seller Misrepresentation;
- Purchase & Sale Agreement Breaches;
- Partnership Disputes;
- Homeowners’ Associations Disputes;
- Breaches of CC&Rs; and
- Probate Disputes (with Heirs/Claimants).
More detail on these issues can be found in multiple articles on SequimBlog.com, but you’ll be pleased to learn that I created an entire audio series on this subject, which you can listen to at: SequimVideos.com.
FAQ
[sc_fs_multi_faq headline-0=”h2″ question-0=”What is adverse possession?” answer-0=”Adverse possession is a legal claim to real property by an owner who has been using the land of an adjacent owner for the statutory period of time (usually 10 years), and has fulfilled the prima facie elements of the legal cause of action, which includes actual use of the land, using the land openly and notoriously, exclusively, hostile, and continuously and uninterrupted. The legal cause of action to establish adverse possession is called a quiet title action.” image-0=”” headline-1=”h2″ question-1=”What is an easement by prescription?” answer-1=”An easement by prescription is similar to adverse possession, except the claim is for an easement, such as a driveway. Like adverse possession, it is a legal claim to real property by an owner who has been using the land of an adjacent owner for the statutory period of time (usually 10 years), and has fulfilled the prima facie elements of the legal cause of action, which includes actual use of the land, using the land openly and notoriously, exclusively, hostile, and continuously and uninterrupted. The legal cause of action to establish an easement by prescription is called a quiet title action.” image-1=”” headline-2=”h2″ question-2=”How common are homeowner association disputes?” answer-2=”Homeowner associations are notorious for disputes between homeowners and the board making decisions or assessing fees. While the percentage of homeowner disputes is very small, disputes on monthly or annual dies can be very frustrating to deal with and stressful for retirees who just hoped to live in peace. Less than 1% of homeowners associations have disputes, but if you’re in one, it can be a small nightmare.” image-2=”” count=”3″ html=”true” css_class=””]
Last Updated on December 17, 2019 by Chuck Marunde
