reglab/housing_qa huggingface dataset:
WA Rev Code § 64.70.030 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.70 - Uniform Environmental Covenants Act.|64.70.030 - Interests in real property—Subordination.

RCW 64.70.030 Interests in real property—Subordination.(1) Any person, including a person that owns an interest in the real property, the agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property.(2) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.(3) An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.(4) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:(a) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant.(b) This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.(c) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners' association.(d) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.[ 2007 c 104 § 4.]
WA Rev Code § 64.70.040 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.70 - Uniform Environmental Covenants Act.|64.70.040 - Covenants—Contents—Agency discretion—Local land use consideration.

RCW 64.70.040 Covenants—Contents—Agency discretion—Local land use consideration.(1) An environmental covenant must:(a) State that the instrument is an environmental covenant executed pursuant to this chapter;(b) Contain a legally sufficient description of the real property subject to the covenant;(c) Describe with specificity the activity or use limitations on the real property;(d) Identify every holder;(e) Be signed by the agency, every holder, and unless waived by the agency every owner of the fee simple of the real property subject to the covenant; and(f) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.(2) In addition to the information required by subsection (1) of this section, an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:(a) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant;(b) Requirements for periodic reporting describing compliance with the covenant;(c) Rights of access to the property granted in connection with implementation or enforcement of the covenant;(d) Narrative descriptions of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;(e) Limitations on amendment or termination of the covenant in addition to those contained in RCW 64.70.090 and 64.70.100;(f) Rights of the holder in addition to its right to enforce the covenant pursuant to RCW 64.70.110;(g) Other information, restrictions, or requirements required by the agency, including the department of ecology under the authority of chapter 70A.305 RCW.(3) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.(4) The agency may also require notice and opportunity to comment upon an environmental covenant as part of public participation efforts related to the environmental response project.(5) The agency shall consult with local land use planning authorities in the development of the land use or activity restrictions in the environmental covenant. The agency shall consider potential redevelopment and revitalization opportunities and obtain information regarding present and proposed land and resource uses, and consider comprehensive land use plan and zoning provisions applicable to the real property to be subject to the environmental covenant.[ 2020 c 20 § 1065; 2007 c 104 § 5.]
WA Rev Code § 64.70.050 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.70 - Uniform Environmental Covenants Act.|64.70.050 - Covenants—Enforceability.

RCW 64.70.050 Covenants—Enforceability.(1) An environmental covenant that complies with this chapter runs with the land.(2) An environmental covenant that is otherwise effective is valid and enforceable even if:(a) It is not appurtenant to an interest in real property;(b) It can be or has been assigned to a person other than the original holder;(c) It is not of a character that has been recognized traditionally at common law;(d) It imposes a negative burden;(e) It imposes an affirmative obligation on a person having an interest in the real property or on the holder;(f) The benefit or burden does not touch or concern real property;(g) There is no privity of estate or contract;(h) The holder dies, ceases to exist, resigns, or is replaced; or(i) The owner of an interest subject to the environmental covenant and the holder are the same person.(3) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity or use limitations except for the fact that the instrument was recorded before July 22, 2007, is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (2) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument.(4) This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.[ 2007 c 104 § 6.]
WA Rev Code § 64.70.060 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.70 - Uniform Environmental Covenants Act.|64.70.060 - Use of real property—Chapter application.

RCW 64.70.060 Use of real property—Chapter application.This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than this chapter.[ 2007 c 104 § 7.]
WA Rev Code § 64.70.070 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.70 - Uniform Environmental Covenants Act.|64.70.070 - Covenants—Providing copies.

RCW 64.70.070 Covenants—Providing copies.(1) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to:(a) Each person that signed the covenant;(b) Each person holding a recorded interest in the real property subject to the covenant;(c) Each person in possession of the real property subject to the covenant at the time the covenant is executed;(d) Each municipality or other unit of local government in which real property subject to the covenant is located;(e) The department of ecology; and(f) Any other person the agency requires.(2) The validity of an environmental covenant is not affected by failure to provide a copy of the covenant as required under this section.(3) If the agency has not designated the persons to provide a copy of an environmental covenant, the grantor shall be responsible for providing a copy of an environmental covenant as required under subsection (1) of this section.[ 2007 c 104 § 8.]
WA Rev Code § 64.70.080 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.70 - Uniform Environmental Covenants Act.|64.70.080 - Covenants—Recording and priority of interests.

RCW 64.70.080 Covenants—Recording and priority of interests.(1) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.(2) Except as otherwise provided in RCW 64.70.090(3), an environmental covenant is subject to the laws of this state governing recording and priority of interests in real property.[ 2007 c 104 § 9.]
WA Rev Code § 64.70.090 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.70 - Uniform Environmental Covenants Act.|64.70.090 - Covenant—Duration—Court action.

RCW 64.70.090 Covenant—Duration—Court action.(1) An environmental covenant is perpetual unless it is:(a) By its terms limited to a specific duration or terminated by the occurrence of a specific event;(b) Terminated by consent pursuant to RCW 64.70.100;(c) Terminated pursuant to subsection (2) of this section;(d) Terminated by foreclosure of an interest that has priority over the environmental covenant; or(e) Terminated or modified in an eminent domain proceeding, but only if:(i) The agency that signed the covenant is a party to the proceeding;(ii) All persons identified in RCW 64.70.100 (1) and (2) are given notice of the pendency of the proceeding; and(iii) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.(2) If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in RCW 64.70.100 (1) and (2) have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant.(3) Except as otherwise provided in subsections (1) and (2) of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.(4) An environmental covenant may not be extinguished, limited, or impaired by the extinguishment of a mineral interest under chapter 78.22 RCW.[ 2007 c 104 § 10.]
WA Rev Code § 64.70.100 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.70 - Uniform Environmental Covenants Act.|64.70.100 - Covenant—Amendment or termination by consent.

RCW 64.70.100 Covenant—Amendment or termination by consent.(1) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:(a) The agency;(b) Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;(c) Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and(d) Except as otherwise provided in subsection (4)(b) of this section, the holder.(2) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.(3) Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.(4) Except as otherwise provided in an environmental covenant:(a) A holder may not assign its interest without consent of the other parties;(b) A holder may be removed and replaced by agreement of the other parties specified in subsection (1) of this section; and(c) A court of competent jurisdiction may fill a vacancy in the position of holder.[ 2007 c 104 § 11.]
WA Rev Code § 64.70.110 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.70 - Uniform Environmental Covenants Act.|64.70.110 - Violations—Civil actions—Regulatory authority under chapter—Liability.

RCW 64.70.110 Violations—Civil actions—Regulatory authority under chapter—Liability.(1) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:(a) A party to the covenant;(b) The agency or, if it is not the agency, the department of ecology;(c) Any person to whom the covenant expressly grants power to enforce;(d) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; and(e) A municipality or other unit of local government in which the real property subject to the covenant is located.(2) This chapter does not limit the regulatory authority of the agency or the department of ecology under law other than this chapter with respect to an environmental response project.(3) A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.[ 2007 c 104 § 12.]
WA Rev Code § 64.70.120 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.70 - Uniform Environmental Covenants Act.|64.70.120 - Covenants—Registry—Information contained.

RCW 64.70.120 Covenants—Registry—Information contained.(1) The department of ecology shall establish and maintain a registry that contains information identifying all environmental covenants established under this chapter and any amendment or termination of those covenants, including the county where the covenant is recorded and the recording number. The registry may also contain any other information concerning environmental covenants and the real property subject to them that the department of ecology considers appropriate. The registry is a public record for purposes of chapter 42.56 RCW, but the department shall maintain electronic access to the registry without requiring a public records request for any information included in the registry.(2) Failure to include information or inclusion of inaccurate information concerning an environmental covenant in the registry does not invalidate or limit the application or enforceability of the covenant.[ 2007 c 104 § 13.]
WA Rev Code § 64.70.130 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.70 - Uniform Environmental Covenants Act.|64.70.130 - Electronic signatures in global and national commerce act.

RCW 64.70.130 Electronic signatures in global and national commerce act.This chapter modifies, limits, or supersedes the federal electronic signatures in global and national commerce act (15 U.S.C. Sec. 7001 et seq.) but does not modify, limit, or supersede section 101 of that act (15 U.S.C. Sec. 7001(a)) or authorize electronic delivery of any of the notices described in section 103 of that act (15 U.S.C. Sec. 7003(b)).[ 2007 c 104 § 15.]
WA Rev Code § 64.80.010 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.80 - Uniform Real Property Transfer on Death Act.|64.80.010 - Definitions.

RCW 64.80.010 Definitions.The following definitions in this section apply throughout this chapter unless the context clearly requires otherwise.(1) "Beneficiary" means a person that receives property under a transfer on death deed.(2) "Designated beneficiary" means a person designated to receive property in a transfer on death deed.(3) "Joint owner" means an individual who owns property concurrently with one or more other individuals with a right of survivorship. The term includes a joint tenant with a right to survivorship. The term does not include a tenant in common or owner of community property.(4) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.(5) "Property" means an interest in real property located in this state which is transferable on the death of the owner.(6) "Transfer on death deed" means a deed authorized under this chapter.(7) "Transferor" means an individual who makes a transfer on death deed.[ 2014 c 58 § 2.]
WA Rev Code § 64.80.020 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.80 - Uniform Real Property Transfer on Death Act.|64.80.020 - Authorized—Prohibited use.

RCW 64.80.020 Authorized—Prohibited use.An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed. A transfer on death deed may not be used to effect a deed in lieu of foreclosure of a deed of trust.[ 2014 c 58 § 5.]
WA Rev Code § 64.80.030 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.80 - Uniform Real Property Transfer on Death Act.|64.80.030 - Revocable.

RCW 64.80.030 Revocable.A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.[ 2014 c 58 § 6.]
WA Rev Code § 64.80.040 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.80 - Uniform Real Property Transfer on Death Act.|64.80.040 - Nontestamentary.

RCW 64.80.040 Nontestamentary.A transfer on death deed is nontestamentary.[ 2014 c 58 § 7.]
WA Rev Code § 64.80.050 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.80 - Uniform Real Property Transfer on Death Act.|64.80.050 - Capacity of transferor.

RCW 64.80.050 Capacity of transferor.The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.[ 2014 c 58 § 8.]
WA Rev Code § 64.80.060 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.80 - Uniform Real Property Transfer on Death Act.|64.80.060 - Requirements.

RCW 64.80.060 Requirements.A transfer on death deed:(1) Except as otherwise provided in subsection (2) of this section, must contain the essential elements and formalities of a properly recordable inter vivos deed;(2) Must state that the transfer to the designated beneficiary is to occur at the transferor's death; and(3) Must be recorded before the transferor's death in the public records in the office of the auditor of the county where the property is located.[ 2014 c 58 § 9.]
WA Rev Code § 64.80.070 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.80 - Uniform Real Property Transfer on Death Act.|64.80.070 - Notice, delivery, acceptance, consideration not required.

RCW 64.80.070 Notice, delivery, acceptance, consideration not required.A transfer on death deed is effective without:(1) Notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or(2) Consideration.[ 2014 c 58 § 10.]
WA Rev Code § 64.80.080 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.80 - Uniform Real Property Transfer on Death Act.|64.80.080 - Revocation, when authorized or prohibited.

RCW 64.80.080 Revocation, when authorized or prohibited.(1) Subject to subsection (2) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:(a) Is one of the following:(i) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;(ii) An instrument of revocation that expressly revokes the deed or part of the deed; or(iii) An inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and(b) Is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor's death in the public records in the office of the county auditor of the county where the deed is recorded.(2) If a transfer on death deed is made by more than one transferor:(a) Revocation by a transferor does not affect the deed as to the interest of another transferor;(b) A deed of joint owners is revoked only if it is revoked by all of the joint owners living at the time that the revocation is recorded; and(c) A deed of community property by both spouses or by both domestic partners is revoked only if it is revoked by both of the spouses or domestic partners, provided that if only one of the spouses or domestic partners is then surviving, that spouse or domestic partner may revoke the deed.(3) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.(4) This section does not limit the effect of an inter vivos transfer of the property.[ 2014 c 58 § 11.]
WA Rev Code § 64.80.090 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.80 - Uniform Real Property Transfer on Death Act.|64.80.090 - Effect during transferor's life.

RCW 64.80.090 Effect during transferor's life.During a transferor's life, a transfer on death deed does not:(1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;(2) Affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed;(3) Affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed;(4) Affect the transferor's or designated beneficiary's eligibility for any form of public assistance;(5) Create a legal or equitable interest in favor of the designated beneficiary; or(6) Subject the property to claims or process of a creditor of the designated beneficiary.[ 2014 c 58 § 12.]
WA Rev Code § 64.80.110 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.80 - Uniform Real Property Transfer on Death Act.|64.80.110 - Disclaimer of interest.

RCW 64.80.110 Disclaimer of interest.A beneficiary may disclaim all or part of the beneficiary's interest as provided by chapter 11.86 RCW.[ 2014 c 58 § 14.]
WA Rev Code § 64.80.120 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.80 - Uniform Real Property Transfer on Death Act.|64.80.120 - Liability for creditor claims and statutory allowances.

RCW 64.80.120 Liability for creditor claims and statutory allowances.A beneficiary of a transfer on death deed is liable for an allowed claim against the transferor's probate estate and statutory allowances to a surviving spouse and children to the extent provided in RCW 11.18.200, 11.42.085, and chapter 11.54 RCW.[ 2014 c 58 § 15.]
WA Rev Code § 64.80.900 (2021)
2021 Revised Code of Washington|Title 64 - Real Property and Conveyances|Chapter 64.80 - Uniform Real Property Transfer on Death Act.|64.80.900 - Short title.

RCW 64.80.900 Short title.This chapter may be cited as the Washington uniform real property transfer on death act.[ 2014 c 58 § 1.]