WA Bar Washington Property Law 3

Question 1

Under Washington's Marketable Record Title Act, what is the period a chain of title must be unbroken to establish a marketable record title?

Accepted Answer

50 years

Answer

Washington's Marketable Record Title Act (RCW 65.08.060) provides that a chain of title extending back 50 years is sufficient to extinguish most prior interests not recorded within that period.

Question 2

In Washington, a vendor selling real property under an installment land contract who accepts payments after the buyer's default may be required to:

Accepted Answer

Seek judicial foreclosure rather than forfeiture

Answer

Washington courts may require equitable foreclosure rather than strict forfeiture when a buyer has made substantial payments and the vendor's conduct waives strict compliance with contract terms.

Question 3

What Washington statute governs the creation and enforcement of easements by necessity?

Accepted Answer

RCW 8.24.010 (private ways of necessity)

Answer

RCW 8.24.010 authorizes a property owner whose land is surrounded and has no access to a public road to obtain a private way of necessity through a neighboring parcel.

Question 4

Under Washington law, which of the following best describes the 'economic waste' doctrine in landlord-tenant law?

Accepted Answer

Landlords must mitigate damages after a tenant abandons the premises

Answer

Washington requires landlords to take reasonable steps to re-let abandoned premises and mitigate damages rather than allowing rent to accrue indefinitely.

Question 5

Under Washington's condominium law, when does a developer's implied warranty of habitability apply to a new condominium unit?

Accepted Answer

For 4 years after the first conveyance or 2 years after discovery

Answer

Under RCW 64.34.445, a developer impliedly warrants that a new condominium unit is suitable for the ordinary uses of real estate for 4 years or 2 years after discovery of the defect.

WA Bar - Washington Bar Exam Practice Test

WA Bar - Washington Bar Exam Practice Test

WA Bar Washington Property Law 3