Who decides what the law is?
The concept of property rights surfaced during Roman times when Julius Caesar unsuccessfully avoided the senate uprising led by Marcus Junius Brutus. Most scholars attribute the assassination to a power struggle, but a lesser known theory puts a real estate deal gone bad at the heart of the controversy.
In Roman law, property was defined as: ius utendi et abutendi re sua, quatenus iuris ratio patitur, "the right to use and abuse a thing, within the limits of the law." While somewhat crude and oversimplified, the overall theme still holds true today. A more modern definition of property states that property is the aggregate of rights which are guaranteed and protected by the government and includes not only ownership and possession but also the right of use and enjoyment for lawful purposes. Outside of a few advances in terminology, not much has changed since Roman times.
The Legislature has spent years enacting statutes and regulations which directly affect the rights of property owners to use, develop and protect their real estate. Subdivisions, environmental impacts, building codes, warranties, easements, zoning, land use regulations, liens and the ability to convey property are all closely regulated by the government and its various agencies. The Washington Legislature has enacted a multitude of laws regulating real estate professionals and disclosures required to accompany the transfer of property. Additionally, Washington courts have helped form our current real estate laws by resolving disputes over boundary lines, adverse possession, trespass and nuisance. Collectively, these are the sources of real estate law in Washington State.
Sometimes, it's just a question.
If you have a quick question, we will (hopefully) have the short answer and we can help you by just answering your telephone call. If we can't answer the question, it will probably be because you'll need to give us more information, such as a written document to look at. Either way, we'll get you the help you need.
How do lawyers learn about construction laws?
Each of our lawyers have completed the Washington State Department of Licensing certification program for presenting real estate seminars. Each of our lawyers have been certified as approved instructors by the Director of the Washington State Department of Licensing. Many of our seminars are presented through Pacific Legal Seminars which has been approved as a provider of real estate education by the Department of Licensing since 1984. Many of our seminars have been approved by the Department of Licensing for Real Estate Clock Hours.
Frequently asked questions (FAQ's).
For every question concerning real estate, there is usually a right or wrong answer. So, we have prepared a Legal FAQ's webpage which answers some of the most frequently asked questions about real estate law.