[WSBARP] 36 month residential lease not notarized

[Paul Neumiller]

Where is the requirement that "All conveyances of real property must be recorded?"  With the result that: "So, if this requirement was not waived, then the conveyance is not valid."    It is my understanding that the conveyance is effective between the parties when there is delivery of the conveyance between the parties but only fails to give notice to the world if not recorded.  Yes, the parties may lose priority in a "race-notice" statute state, but the conveyance is still valid.  The recording of the conveyance then gives notice to the world and may protect against the claims of a subsequent BFP.  In a commercial lease situation, the large national tenant is willing to take the risk that the large national LL is not going to try to lease the premises to a third party and get away with it.


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kaitlyn Jackson
Sent: Friday, October 1, 2021 9:37 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] 36 month residential lease not notarized

All conveyances of real property must be recorded. A "conveyance" is a lease term of more than 2 years. I understand that commercial leases don't generally follow through with this - but I think most of the commercial leases I've drafted/reviewed have language where the parties waive this requirement. So, if this requirement was not waived, thaen the conveyance is not valid. I think the next question, however, is who has the right to enforce (or not enforce) this statute. I doubt that a party with unclean hands would have that benefit.

RCW 65.08.060<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D65.08.060&data=04%7C01%7C%7C9bb94c0dc1cc4193dbae08d984fa89b0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637687033862628926%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=S5LTKhZdbFGbBVhzrYMMVkmwpM2kdzf4UczBsPsrB1s%3D&reserved=0>
Terms defined.
(1) The term "real property" as used in RCW 65.08.060<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D65.08.060&data=04%7C01%7C%7C9bb94c0dc1cc4193dbae08d984fa89b0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637687033862628926%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=S5LTKhZdbFGbBVhzrYMMVkmwpM2kdzf4UczBsPsrB1s%3D&reserved=0> through 65.08.150<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D65.08.150&data=04%7C01%7C%7C9bb94c0dc1cc4193dbae08d984fa89b0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637687033862638886%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=P4VIZUjZ8pqLmV0uTwiwjPe%2B2LPC6XkNRUkxJx4RaLY%3D&reserved=0> 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 or interest in real property is conveyed for a valuable consideration and every assignee of a mortgage, lease or other conditional estate.
(3) The term "conveyance" includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned or by which the title to any real property may be affected, including an instrument in execution of a power, although the power be one of revocation only, and an instrument releasing in whole or in part, postponing or subordinating a mortgage or other lien; except a will, a lease for a term of not exceeding two years, and an instrument granting a power to convey real property as the agent or attorney for the owner of the property. "To convey" is to execute a "conveyance" as defined in this subdivision.
(4) The term "recording officer" means the county auditor or, in charter counties, the county official charged with the responsibility for recording instruments in the county records.
[ 1999 c 233 § 16<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Flawfilesext.leg.wa.gov%2Fbiennium%2F1999-00%2FPdf%2FBills%2FSession%2520Laws%2FHouse%2F1647-S.SL.pdf%3Fcite%3D1999%2520c%2520233%2520%25C2%25A7%252016&data=04%7C01%7C%7C9bb94c0dc1cc4193dbae08d984fa89b0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637687033862648845%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=25lGpcTaYXDb7VEqc%2FhBVIX0ymiq%2FUxysuXGia62POs%3D&reserved=0>; 1984 c 73 § 1<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fleg.wa.gov%2FCodeReviser%2Fdocuments%2Fsessionlaw%2F1984c73.pdf%3Fcite%3D1984%2520c%252073%2520%25C2%25A7%25201&data=04%7C01%7C%7C9bb94c0dc1cc4193dbae08d984fa89b0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637687033862658801%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=P9ayuvWnwoQtpxvL0pGV8Dldmv7%2B3I2PtHWxvMzchdw%3D&reserved=0>; 1927 c 278 § 1<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fleg.wa.gov%2FCodeReviser%2Fdocuments%2Fsessionlaw%2F1927c278.pdf%3Fcite%3D1927%2520c%2520278%2520%25C2%25A7%25201&data=04%7C01%7C%7C9bb94c0dc1cc4193dbae08d984fa89b0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637687033862658801%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=EhOdYACMlh7192YY42ncOLLGHbaBm3PsMpBHh2Ni7qY%3D&reserved=0>; RRS § 10596-1.]

On Fri, Oct 1, 2021 at 9:14 AM Athena Dickerson <athena at detsparlaw.com<mailto:athena at detsparlaw.com>> wrote:
Same, I hardly ever see leases recorded -and although I see memoranda of leases recorded on occasion it is usually when a big box player is involved (Kroger, Panera, etc)

Athena Makratzakis Dickerson
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Maxwell Glasson
Sent: Thursday, September 30, 2021 7:15 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] 36 month residential lease not notarized

Not required, but not doing so could give rise to a record notice issue to third parties that take might interest in the property without actual knowledge of the lease.

In my experience, I don't see many memoranda of leases recorded in the commercial context.  Even less so with residential leases.

Maxwell B. Glasson
Glasson Legal, PLLC
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Kaitlyn Jackson
Sent: Thursday, September 30, 2021 4:12 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] 36 month residential lease not notarized

I thought leases over 2 years had to be recorded?

On Thu, Sep 30, 2021 at 3:52 PM Tom Westbrook <tjw at w3net.net<mailto:tjw at w3net.net>> wrote:
First case I ever tried out of law school in 1973; Bryce is 100% correct.

Sincerely,

Tom

Thomas J. Westbrook
Attorney at Law

[cid:image002.jpg at 01D7B6AA.BDA28800]

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Bryce Dille
Sent: Thursday, September 30, 2021 3:10 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] 36 month residential lease not notarized

There are cases that you should check out where the court has held continued possession, payment of rent and or improvements to the property constitute part performance and take it out of the statute of fraud restrictions.

Bryce H. Dille
Dille Law, PLLC
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Josh Grant
Sent: Thursday, September 30, 2021 2:55 PM
To: wsbar <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] 36 month residential lease not notarized

If a residential tenant under a 36 month residential lease and the landlord's signature is not notarized; does that mean it is only valid one year and the landlord can send a 90 day notice effective at the end of the first 12 months?  This case also involves many months of nonpayment of rent, I assume that also is a 90 day notice (which would be before the end of the one year).
Thanks
Josh
Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
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Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
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--
Thank you,

Kaitlyn R. Jackson | Attorney| DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
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