Difference between revisions of "Abandonment in Washington"
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| + | ==Overview== | ||
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| + | Abandonment generally means giving up rights to something. Abandonment can refer to a few different things depending on the context. | ||
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===Abandoned residential property; definition=== | ===Abandoned residential property; definition=== | ||
| − | Residential property is considered abandoned when there are no signs of occupancy and at least three indications of abandonment listed in the statute are visible from the exterior. [http://app.leg.wa.gov/RCW/default.aspx?cite=7.100.010] | + | Residential property is considered abandoned when there are no signs of occupancy and at least three indications of abandonment listed in the statute are visible from the exterior. [http://app.leg.wa.gov/RCW/default.aspx?cite=7.100.010 RCW 7.100.010] |
===Abandonment of Homestead Exemption=== | ===Abandonment of Homestead Exemption=== | ||
| − | An owner of property cannot claim more than one parcel as their homestead for exemption purposes. The owner must decide which one they want to claim as their homestead and must record a Declaration of Abandonment for all other parcels with the County where each property is located. [http://app.leg.wa.gov/RCW/default.aspx?cite=6.13.040] | + | An owner of property cannot claim more than one parcel as their homestead for exemption purposes. The owner must decide which one they want to claim as their homestead and must record a Declaration of Abandonment for all other parcels with the County where each property is located. [http://app.leg.wa.gov/RCW/default.aspx?cite=6.13.040 RCW 6.13.040] |
===Abandoned redemption rights in judicial foreclosure=== | ===Abandoned redemption rights in judicial foreclosure=== | ||
| − | In an action to foreclose mortgages on improved real property, if the court finds that the mortgagor or his/her successor has not occupied the property, nor made payment on the mortgage within six (6) months prior to entry of the judgment of foreclosure, there is prima facie evidence of abandonment and the purchaser at the sheriff’s sale shall take title to such property free from redemption rights specified in the statute upon confirmation of the sale by the court. [http://app.leg.wa.gov/RCW/default.aspx?cite=61.12.093] | + | In an action to foreclose mortgages on improved real property, if the court finds that the mortgagor or his/her successor has not occupied the property, nor made payment on the mortgage within six (6) months prior to entry of the judgment of foreclosure, there is prima facie evidence of abandonment and the purchaser at the sheriff’s sale shall take title to such property free from redemption rights specified in the statute upon confirmation of the sale by the court. [http://app.leg.wa.gov/RCW/default.aspx?cite=61.12.093 RCW 61.12.093] |
===Abandoned irrigation district right-of-way=== | ===Abandoned irrigation district right-of-way=== | ||
| − | Upon the abandonment of an irrigation district right-of-way, if the property is to be sold, notice shall be given to the owners of lands adjoining that real property and such owners shall have a right of first refusal to purchase all or any part of the real property to be sold. [http://app.leg.wa.gov/RCW/default.aspx?cite=87.03.820] [http://app.leg.wa.gov/RCW/default.aspx?cite=57.90.100] | + | Upon the abandonment of an irrigation district right-of-way, if the property is to be sold, notice shall be given to the owners of lands adjoining that real property and such owners shall have a right of first refusal to purchase all or any part of the real property to be sold. [http://app.leg.wa.gov/RCW/default.aspx?cite=87.03.820 RCW 87.03.820] and [http://app.leg.wa.gov/RCW/default.aspx?cite=57.90.100 RCW 57.90.100] |
===Abandoned state highways=== | ===Abandoned state highways=== | ||
| − | Upon the abandonment of a public highway, the Secretary of Transportation will execute a deed conveying the abandoned highway, or a portion thereof, to the county or city where the highway is located, as applicable. [http://app.leg.wa.gov/RCW/default.aspx?cite=36.75.090] | + | Upon the abandonment of a public highway, the Secretary of Transportation will execute a deed conveying the abandoned highway, or a portion thereof, to the county or city where the highway is located, as applicable. [http://app.leg.wa.gov/RCW/default.aspx?cite=36.75.090 RCW 36.75.090] |
===Cross-References=== | ===Cross-References=== | ||
[https://uww.wfgnationaltitle.com/index.php/Washington Washington] | [https://uww.wfgnationaltitle.com/index.php/Washington Washington] | ||
Revision as of 15:59, 18 October 2018
Contents
Overview
Abandonment generally means giving up rights to something. Abandonment can refer to a few different things depending on the context.
Abandoned residential property; definition
Residential property is considered abandoned when there are no signs of occupancy and at least three indications of abandonment listed in the statute are visible from the exterior. RCW 7.100.010
Abandonment of Homestead Exemption
An owner of property cannot claim more than one parcel as their homestead for exemption purposes. The owner must decide which one they want to claim as their homestead and must record a Declaration of Abandonment for all other parcels with the County where each property is located. RCW 6.13.040
Abandoned redemption rights in judicial foreclosure
In an action to foreclose mortgages on improved real property, if the court finds that the mortgagor or his/her successor has not occupied the property, nor made payment on the mortgage within six (6) months prior to entry of the judgment of foreclosure, there is prima facie evidence of abandonment and the purchaser at the sheriff’s sale shall take title to such property free from redemption rights specified in the statute upon confirmation of the sale by the court. RCW 61.12.093
Abandoned irrigation district right-of-way
Upon the abandonment of an irrigation district right-of-way, if the property is to be sold, notice shall be given to the owners of lands adjoining that real property and such owners shall have a right of first refusal to purchase all or any part of the real property to be sold. RCW 87.03.820 and RCW 57.90.100
Abandoned state highways
Upon the abandonment of a public highway, the Secretary of Transportation will execute a deed conveying the abandoned highway, or a portion thereof, to the county or city where the highway is located, as applicable. RCW 36.75.090
