[WSBARP] 36 month residential lease not notarized

Fri Oct 1 10:17:54 PDT 2021

RCW 65.08.070.  See also Nichols v. De Britz, 178 Wash. 375, 35 P.2d 29
(1934) (tenant’s obvious sole and exclusive possession of the property
imparts constructive notice sufficient to protect the tenant's lease rights
against a bona fide purchaser even without any recorded notice).

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Friday, October 1, 2021 10:02 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] 36 month residential lease not notarized

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
<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: Friday, October 1, 2021 9:37 AM
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

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
<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%7C9bb94c0dc1cc41
93dbae08d984fa89b0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637687033862
628926%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6I
k1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=S5LTKhZdbFGbBVhzrYMMVkmwpM2kdzf4UczBsPsrB
1s%3D&reserved=0> 65.08.060

Terms defined.

(1) The term "real property" as used in RCW
<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%7C9bb94c0dc1cc41
93dbae08d984fa89b0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637687033862
628926%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6I
k1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=S5LTKhZdbFGbBVhzrYMMVkmwpM2kdzf4UczBsPsrB
1s%3D&reserved=0> 65.08.060 through
<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%7C9bb94c0dc1cc41
93dbae08d984fa89b0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637687033862
638886%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6I
k1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=P4VIZUjZ8pqLmV0uTwiwjPe%2B2LPC6XkNRUkxJx4
RaLY%3D&reserved=0> 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 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.

[
<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Flawfilesext
.leg.wa.gov%2Fbiennium%2F1999-00%2FPdf%2FBills%2FSession%2520Laws%2FHouse%2F
1647-S.SL.pdf%3Fcite%3D1999%2520c%2520233%2520%25C2%25A7%252016&data=04%7C01
%7C%7C9bb94c0dc1cc4193dbae08d984fa89b0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C
1%7C0%7C637687033862648845%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQI
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BVIX0ymiq%2FUxysuXGia62POs%3D&reserved=0> 1999 c 233 § 16;
<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fleg.wa.gov%
2FCodeReviser%2Fdocuments%2Fsessionlaw%2F1984c73.pdf%3Fcite%3D1984%2520c%252
073%2520%25C2%25A7%25201&data=04%7C01%7C%7C9bb94c0dc1cc4193dbae08d984fa89b0%
7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637687033862658801%7CUnknown%7C
TWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%
3D%7C1000&sdata=P9ayuvWnwoQtpxvL0pGV8Dldmv7%2B3I2PtHWxvMzchdw%3D&reserved=0>
1984 c 73 § 1;
<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fleg.wa.gov%
2FCodeReviser%2Fdocuments%2Fsessionlaw%2F1927c278.pdf%3Fcite%3D1927%2520c%25
20278%2520%25C2%25A7%25201&data=04%7C01%7C%7C9bb94c0dc1cc4193dbae08d984fa89b
0%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637687033862658801%7CUnknown%
7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn
0%3D%7C1000&sdata=EhOdYACMlh7192YY42ncOLLGHbaBm3PsMpBHh2Ni7qY%3D&reserved=0>
1927 c 278 § 1; 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

DETHLEFS SPARWASSER

REICH DICKERSON PLLC

100 Second Avenue South, Suite 190  I  Edmonds, WA 98020

P  425.776.1352  I  F 425.776.2467

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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 

2212 Queen Anne Ave. N, #659

Seattle, Washington, 98109

206-627-0528

max at glassonlegal.com <mailto:max at glassonlegal.com> 

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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

Rodgers Kee Card & Strophy, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

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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

2010 Caton Way SW Ste. 101

Olympia, WA 98502

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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

P. O. Box 619
Wilbur, WA 99185
509 647 5578

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