If (1) you own property in Washington burdened by an easement, (2) you wish that easement was located somewhere else on your property, and (3) you have been unable to reach an agreement with the easement owner, a recently-adopted Washington law may provide a path forward. What is the Uniform Easement Relocation Act (UERA)? In…

On May 1st, 2024, the Washington Department of Ecology (“Ecology”) filed a water rights adjudication for Water Resource Inventory Area 1 (WRIA 1) with the Whatcom County Superior Court.  This filing, which follows years of planning, preparation, and community outreach, formally begins the adjudication process. What is a Water Rights Adjudication? In short, a water…

As of the date of publishing, the Department of Ecology (“Ecology”) still plans to file the adjudication of the Nooksack River Watershed Resource Inventory Area (“WRIA 1”) by the end of April 2024. The purpose of the adjudication is to determine the extent, validity, and priority date of every single ground and surface water right…

Does your neighbor have a pesky tree that is growing on to your property? Do you wish you could just chop it down and get rid of it? In Washington, to avoid liability for timber trespass, you will want to think carefully before acting. The law differs depending on where the tree is located. Start…

Property encroachments, defined as an intrusion onto someone else’s real property, happen often. The fence you thought divided your property from your neighbor’s is actually a few feet off from the true property line. Maybe your gravel driveway has migrated over the years and now is partially in your neighbor’s front yard. And nothing quite…

Whenever real property is co-owned by multiple individuals, disputes are bound to happen. The owners may disagree about how to develop or maintain the property, whether to sell the property, and so on. The rights of each individual and how disputes among them may be settled depend greatly on the kind of tenancy at play,…

The Washington State Supreme Court decision Whatcom County v. Hirst, 186 Wash.2d 648, 381 P.3d 1 (2016) set off years of uncertainty for rural and suburban development in Whatcom County. Most of Whatcom County is in the Nooksack River watershed (“WRIA 1”). You can find out if your property is in WRIA 1 or a…

Chong Yim v. City of Seattle, –Wn.2d–, 451 P.3d 675 (2019), also called Yim I, made headlines for its holding that Seattle’s first-in-time rule, which required landlords to rent to the first qualified applicant, was not facially unconstitutional. But it also made a huge change to Washington regulatory takings law by adopting the federal definition of regulatory takings…

The City of Bellingham’s new short-term rental (“STR”) ordinance became effective on May 5, 2019. BMC 20.10.037. It places restrictions on the rental of rooms, accessory dwelling units, and homes on sites like Airbnb and VRBO. The City has created a helpful website describing the new regulations. All owners of STRs will need to obtain…

Can you file a lawsuit against the property owner for your injuries, whether the owner is a public government entity or a private landowner?