reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings. › 64.55.140 - Payment of arbitrators, mediators, and neutral experts.

RCW 64.55.140
Payment of arbitrators, mediators, and neutral experts.
(1) Where the building permit that authorized commencement of construction of a building was issued on or after August 1, 2005:
(a)(i) If the action is referred to arbitration under RCW 64.55.100, the party who demands arbitration shall advance the fees of any arbitrator and any mediator appointed under RCW 64.55.120; and
(ii) A party who requests the appointment of a neutral expert pursuant to RCW 64.55.130 shall advance any appointed neutral expert's fees incurred up to the issuance of a final report.
(b) If the action has not been referred to arbitration, the court shall determine liability for the fees of any mediator appointed under RCW 64.55.120, unless the parties agree otherwise.
(c) Ultimate liability for any fees or costs advanced pursuant to this subsection (1) is subject to the fee- and cost-shifting provisions of RCW 64.55.160.
(2) Where the building permit that authorized commencement of construction of a building was issued before August 1, 2005:
(a)(i) If the action is referred to arbitration under RCW 64.55.100, the party who demands arbitration is liable for and shall pay the fees of any appointed arbitrator and any mediator appointed under RCW 64.55.120; and
(ii) A party who requests the appointment of a neutral expert pursuant to RCW 64.55.130 is liable for and shall pay any appointed neutral expert's fees incurred up to the issuance of a final report.
(b) If the action has not been referred to arbitration, the court shall determine liability for the fees of any mediator appointed under RCW 64.55.120, unless the parties agree otherwise.
(c) Fees and costs paid under this subsection (2) are not subject to the fee- and cost-shifting provisions of RCW 64.55.160.
[ 2005 c 456 § 15.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings. › 64.55.150 - Subcontractors and suppliers—When party to arbitration.

RCW 64.55.150
Subcontractors and suppliers—When party to arbitration.
Upon the demand of a party to an arbitration demanded under RCW 64.55.100, any subcontractor or supplier against whom such party has a legal claim and whose work or performance on the building in question becomes an issue in the arbitration may be joined in and become a party to the arbitration. However, joinder of such parties shall not be allowed if such joinder would require the arbitration hearing date to be continued beyond the date established pursuant to RCW 64.55.100, unless the existing parties to the arbitration agree otherwise. Nothing in RCW 64.55.010 through 64.55.090 shall be construed to release, modify, or otherwise alleviate the liabilities or responsibilities that any party may have towards any other party, contractor, or subcontractor.
[ 2005 c 456 § 16.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.55 - Construction Defect Disputes—Multiunit Residential Buildings. › 64.55.901 - Effective date—2005 c 456.

RCW 64.55.901
Effective date—2005 c 456.
This act takes effect August 1, 2005.
[ 2005 c 456 § 24.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.60 - Private Transfer Fee Obligation Act. › 64.60.005 - Findings.

RCW 64.60.005
Findings.
The legislature finds and declares that the public policy of this state favors the marketability of real property and the transferability of interests in real property free of title defects or unreasonable restraints on alienation. The legislature further finds and declares that private transfer fee obligations violate this public policy by impairing the marketability and transferability of real property and by constituting an unreasonable restraint on alienation regardless of the duration of the obligation to pay a private transfer fee, the amount of a private transfer fee, or the method by which any private transfer fee is created or imposed. Thus, the legislature finds and declares that a private transfer fee obligation may not run with the title to real property, touch or concern the real property, or otherwise bind subsequent owners of real property under any common law or equitable principle.
[ 2011 c 36 § 1.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.60 - Private Transfer Fee Obligation Act. › 64.60.020 - Private transfer fee obligations—Enforceability—Interpretation.

RCW 64.60.020
Private transfer fee obligations—Enforceability—Interpretation.
(1) A private transfer fee obligation recorded or entered into in this state on or after April 13, 2011, does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee or holder of any interest in real property as an equitable servitude or otherwise. Any private transfer fee obligation that is recorded or entered into in this state on or after April 13, 2011, is void and unenforceable.
(2) A private transfer fee obligation recorded or entered into in this state before April 13, 2011, is not presumed valid and enforceable. Any such private transfer fee obligation must be interpreted and enforced according to principles of applicable real estate, servitude contract, and other law including, without limitation, restraints on alienation, the rule against perpetuities, the touch and concern doctrine, and the requirement for covenants to run with the land, as well as fraud, misrepresentation, violation of public policy, or another invalidating cause.
[ 2011 c 36 § 4.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.60 - Private Transfer Fee Obligation Act. › 64.60.030 - Liability.

RCW 64.60.030
Liability.
Any person who records, or enters into, an agreement imposing a private transfer fee obligation in the person's favor after April 13, 2011, is liable for (1) any damages resulting from the imposition of the private transfer fee obligation on the transfer of an interest in the real property including, but not limited to, the amount of any private transfer fee paid by a party to the transfer, and (2) reasonable attorneys' fees, expenses, and costs incurred by a party to the transfer or mortgagee of the real property to recover any private transfer fee paid or in connection with an action to quiet title. If an agent acts on behalf of a principal to record or secure a private transfer fee obligation, liability must be assessed to the principal, rather than the agent.
[ 2011 c 36 § 5.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.60 - Private Transfer Fee Obligation Act. › 64.60.040 - Notice of private transfer fee obligation.

RCW 64.60.040
Notice of private transfer fee obligation.
(1) A payee of a private transfer fee obligation imposed before April 13, 2011, shall record, before December 31, 2011, against the real property subject to the private transfer fee obligation, a separate document in the county auditor's office in the county in which the real property is located that includes all of the following requirements:
(a) The title, "Notice of Private Transfer Fee Obligation";
(b) The amount if the private transfer fee is a flat amount, the percentage of the sales price constituting the cost of the private transfer fee, or another basis by which the private transfer fee is to be calculated;
(c) The date under which the private transfer fee obligation expires, if any;
(d) The name and address of the payee;
(e) The acknowledged signature of the payee or a representative of the payee; and
(f) The legal description of the real property purportedly burdened by the private transfer fee obligation.
(2) A payee may file an amendment to the notice of private transfer fee obligation containing new contact information. The amendment must contain the recording information of the notice of private transfer fee obligation which it amends and the legal description of the real property burdened by the private transfer fee obligation.
(3) If a payee fails to file the notice required under subsection (1) of this section before December 31, 2011, the private transfer fee obligation is not enforceable by the payee.
[ 2011 c 36 § 6.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.60 - Private Transfer Fee Obligation Act. › 64.60.901 - Effective date—2011 c 36.

RCW 64.60.901
Effective date—2011 c 36.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 13, 2011].
[ 2011 c 36 § 7.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.65 - Uniform Easement Relocation Act. › 64.65.020 - Right of servient estate owner to relocate easement.

RCW 64.65.020
Right of servient estate owner to relocate easement.
A servient estate owner may relocate an easement under this chapter only if the relocation does not materially:
(1) Lessen the utility of the easement;
(2) After the relocation, increase the burden on the easement holder in its reasonable use and enjoyment of the easement;
(3) Impair an affirmative, easement-related purpose for which the easement was created;
(4) During or after the relocation, impair the safety of the easement holder or another entitled to use and enjoy the easement;
(5) During the relocation, disrupt the use and enjoyment of the easement by the easement holder or another entitled to use and enjoy the easement, unless the servient estate owner substantially mitigates the duration and nature of the disruption;
(6) Impair the physical condition, use, or value of the dominant estate or improvements on the dominant estate; or
(7) Impair the value of the collateral of a security interest holder of record in the servient estate or dominant estate, impair a real property interest of a lessee of record in the dominant estate, or impair a recorded real property interest of any other person in the servient estate or dominant estate.
[ 2023 c 6 § 204.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.65 - Uniform Easement Relocation Act. › 64.65.030 - Commencement of civil action.

RCW 64.65.030
Commencement of civil action.
(1) To obtain an order to relocate an easement under this chapter, a servient estate owner must commence a civil action.
(2) A servient estate owner that commences a civil action under subsection (1) of this section:
(a) Shall serve a summons and complaint on:
(i) The easement holder whose easement is the subject of the relocation;
(ii) A security interest holder of record of an interest in the servient estate or dominant estate;
(iii) A lessee of record of an interest in the dominant estate; and
(iv) Except as otherwise provided in (b) of this subsection, any other owner of a recorded real property interest if the relocation would encroach on an area of the servient estate or dominant estate burdened by the interest; and
(b) Is not required to serve a summons and complaint on the owner of a recorded real property interest in oil, gas, or minerals unless the interest includes an easement to facilitate oil, gas, or mineral development.
(3) A complaint under this section must state:
(a) The intent of the servient estate owner to seek the relocation;
(b) The nature, extent, and anticipated dates of commencement and completion of the proposed relocation;
(c) The current and proposed locations of the easement;
(d) The reason the easement is eligible for relocation under RCW 64.65.120;
(e) The reason the proposed relocation satisfies the conditions for relocation under RCW 64.65.020; and
(f) That the servient estate owner has made a reasonable attempt to notify the holders of any public utility easement, conservation easement, or negative easement on the servient estate or dominant estate of the proposed relocation.
(4) At any time before the court renders a final order in an action under subsection (1) of this section, a person served under subsection (2)(a)(ii), (iii), or (iv) of this section may file a document, in recordable form, that waives its rights to contest or obtain relief in connection with the relocation or subordinates its interests to the relocation. On filing of the document, the court may order that the person is not required to answer or participate further in the action.
[ 2023 c 6 § 205.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.65 - Uniform Easement Relocation Act. › 64.65.040 - Required findings—Order.

RCW 64.65.040
Required findings—Order.
(1) The court may not approve relocation of an easement under this chapter unless the servient estate owner:
(a) Establishes that the easement is eligible for relocation under RCW 64.65.120; and
(b) Satisfies the conditions for relocation under RCW 64.65.020.
(2) An order under this chapter approving relocation of an easement must:
(a) State that the order is issued in accordance with this chapter;
(b) Recite the recording data of the instrument creating the easement, if any, any amendments, and any preservation notice;
(c) Identify the immediately preceding location of the easement;
(d) Describe in a legally sufficient manner the new location of the easement;
(e) Describe mitigation required of the servient estate owner during relocation;
(f) Refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;
(g) Specify conditions to be satisfied by the servient estate owner to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;
(h) Include a provision for payment by the servient estate owner of expenses under RCW 64.65.050;
(i) Include a provision for compliance by the parties with the obligation of good faith under RCW 64.65.060; and
(j) Instruct the servient estate owner to record an affidavit, if required under RCW 64.65.070(1), when the servient estate owner substantially completes relocation.
(3) An order under subsection (2) of this section may include any other provision consistent with this chapter for the fair and equitable relocation of the easement.
(4) Before a servient estate owner proceeds with relocation of an easement under this chapter, the owner must record, in the land records of each jurisdiction where the servient estate is located, a certified copy of the order under subsection (2) of this section.
[ 2023 c 6 § 206.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.65 - Uniform Easement Relocation Act. › 64.65.050 - Expenses of relocation.

RCW 64.65.050
Expenses of relocation.
A servient estate owner is responsible for reasonable expenses of relocation of an easement under this chapter, including the expense of:
(1) Constructing improvements on the servient estate or dominant estate in accordance with an order under RCW 64.65.040;
(2) During the relocation, mitigating disruption in the use and enjoyment of the easement by the easement holder or another person entitled to use and enjoy the easement;
(3) Obtaining a governmental approval or permit to relocate the easement and construct necessary improvements;
(4) Preparing and recording the certified copy required by RCW 64.65.040(4) and any other document required to be recorded;
(5) Any title work required to complete the relocation or required by a party to the civil action as a result of the relocation;
(6) Applicable premiums for title insurance related to the relocation;
(7) Any expert necessary to review plans and specifications for an improvement to be constructed in the relocated easement or on the dominant estate and to confirm compliance with the plans and specifications referred to in the order under RCW 64.65.040(2)(f);
(8) Payment of any maintenance cost associated with the relocated easement which is greater than the maintenance cost associated with the easement before relocation; and
(9) Obtaining any third-party consent required to relocate the easement.
[ 2023 c 6 § 207.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.65 - Uniform Easement Relocation Act. › 64.65.060 - Duty to act in good faith.

RCW 64.65.060
Duty to act in good faith.
After the court, under RCW 64.65.040, approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder, and other parties in the civil action shall act in good faith to facilitate the relocation in compliance with this chapter.
[ 2023 c 6 § 208.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.65 - Uniform Easement Relocation Act. › 64.65.070 - Relocation affidavit.

RCW 64.65.070
Relocation affidavit.
(1) If an order under RCW 64.65.040 requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the new location, the servient estate owner shall:
(a) Record, in the land records of each jurisdiction where the servient estate is located, an affidavit certifying that the easement has been relocated; and
(b) Send, by certified mail, a copy of the recorded affidavit to the easement holder and parties to the civil action.
(2) Until an affidavit under subsection (1) of this section is recorded and sent, the easement holder may enter, use, and enjoy the easement in the current location, subject to the court's order under RCW 64.65.040 approving relocation.
(3) If an order under RCW 64.65.040 does not require an improvement to be constructed as a condition of the relocation, recording the order under RCW 64.65.040(4) constitutes relocation.
[ 2023 c 6 § 209.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.65 - Uniform Easement Relocation Act. › 64.65.080 - Limited effect of relocation.

RCW 64.65.080
Limited effect of relocation.
(1) Relocation of an easement under this chapter:
(a) Is not a new transfer or a new grant of an interest in the servient estate or the dominant estate;
(b) Is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a security instrument, except as otherwise determined by a court under law other than this chapter;
(c) Is not a breach or default of a lease, except as otherwise determined by a court under law other than this chapter;
(d) Is not a breach or default by the servient estate owner of a recorded document affected by the relocation, except as otherwise determined by a court under law other than this chapter;
(e) Does not affect the priority of the easement with respect to other recorded real property interests burdening the area of the servient estate where the easement was located before the relocation; and
(f) Is not a fraudulent conveyance or voidable transaction under law.
(2) This chapter does not affect any other method of relocating an easement permitted under law of this state other than this chapter.
[ 2023 c 6 § 210.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.65 - Uniform Easement Relocation Act. › 64.65.090 - Nonwaiver.

RCW 64.65.090
Nonwaiver.
The right of a servient estate owner to relocate an easement under this chapter may not be waived, excluded, or restricted by agreement even if:
(1) The instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this chapter;
(2) The instrument creating the easement requires consent of the easement holder to amend the terms of the easement; or
(3) The location of the easement is fixed by the instrument creating the easement, another agreement, previous conduct, acquiescence, estoppel, or implication.
[ 2023 c 6 § 211.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.65 - Uniform Easement Relocation Act. › 64.65.100 - Uniformity of application and construction.

RCW 64.65.100
Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
[ 2023 c 6 § 212.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.65 - Uniform Easement Relocation Act. › 64.65.110 - Relation to electronic signatures in global and national commerce act.

RCW 64.65.110
Relation to electronic signatures in global and national commerce act.
This chapter modifies, limits, or supersedes the 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(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2023 c 6 § 213.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.65 - Uniform Easement Relocation Act. › 64.65.120 - Application—Scope—Exclusions.

RCW 64.65.120
Application—Scope—Exclusions.
(1) Except as otherwise provided in subsection (2) of this section, this chapter applies to an easement established by express grant or reservation or by prescription, implication, necessity, estoppel, or other method.
(2) This chapter may not be used to relocate:
(a) A public utility easement, conservation easement, or negative easement; or
(b) An easement if the proposed location would encroach on an area of an estate burdened by a conservation easement or would interfere with the use or enjoyment of a public utility easement or an easement appurtenant to a conservation easement.
(3) This chapter does not apply to relocation of an easement by consent.
[ 2023 c 6 § 203.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.65 - Uniform Easement Relocation Act. › 64.65.130 - Application—Transitional provision.

RCW 64.65.130
Application—Transitional provision.
This chapter applies to an easement created before, on, or after July 23, 2023.
[ 2023 c 6 § 214.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.65 - Uniform Easement Relocation Act. › 64.65.900 - Short title.

RCW 64.65.900
Short title.
RCW 64.65.010 through 64.65.130 may be known and cited as the uniform easement relocation act.
[ 2023 c 6 § 201.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.70 - Uniform Environmental Covenants Act. › 64.70.005 - Findings—National uniform legislation.

RCW 64.70.005
Findings—National uniform legislation.
The legislature finds that the national conference of commissioners on uniform state laws has developed uniform legislation called the uniform environmental covenants act. The act ensures that environmental covenants, recorded use restrictions negotiated in connection with hazardous waste site cleanups, and other environmental response projects are legally valid and enforceable. The uniform environmental covenants act achieves this objective by providing clear statutory standards that override court-made doctrines that do not fit such cleanup and reuse contexts. The legislature further finds that nothing in this chapter will amend or modify any local or state laws that determine when environmental covenants are required, when a particular contaminated site must be cleaned up, or the standards for a cleanup.
Adoption of the uniform environmental covenants act in Washington will provide all participants in a cleanup with greater confidence that environmental covenants and other institutional controls will be effective over the life of the cleanup. This will facilitate cleanups of many sites and assist in the recycling of urban brownfield properties into new economic uses for the benefit of the citizens of Washington.
This chapter adopts most provisions of the uniform legislation while making modifications to integrate the uniform environmental covenants act with Washington's environmental cleanup programs.
[ 2007 c 104 § 1.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.70 - Uniform Environmental Covenants Act. › 64.70.015 - Application—Construction—2007 c 104.

RCW 64.70.015
Application—Construction—2007 c 104.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2007 c 104 § 14.]
2023 Revised Code of Washington › Title 64 - Real Property and Conveyances › Chapter 64.70 - Uniform Environmental Covenants Act. › 64.70.020 - Definitions.

RCW 64.70.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Activity or use limitations" means restrictions or obligations created under this chapter with respect to real property.
(2) "Agency" means either the department of ecology, the pollution liability insurance agency, or the United States environmental protection agency, whichever determines or approves the environmental response project pursuant to which the environmental covenant is created.
(3)(a) "Common interest community" means a condominium, cooperative, or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums, or for maintenance, or improvement of other real property described in a recorded covenant that creates the common interest community.
(b) "Common interest community" includes but is not limited to:
(i) An association of apartment owners as defined in RCW 64.32.010;
(ii) A unit owners' association as defined in RCW 64.34.020 and organized under RCW 64.34.300;
(iii) A master association as provided in RCW 64.34.276;
(iv) A subassociation as provided in RCW 64.34.278; and
(v) A homeowners' association as defined in RCW 64.38.010.
(4) "Environmental covenant" means a servitude arising under an environmental response project that imposes activity or use limitations.
(5) "Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:
(a) Under a federal or state program governing environmental remediation of real property, including chapters 43.21C, 64.44, 70A.205, 70A.388, 70A.300, 70A.305, 90.48, and 90.52 RCW;
(b) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of an agency; or
(c) Under the state voluntary clean-up program authorized under chapter 70A.305 RCW or technical assistance program authorized under chapter 70A.330 RCW.
(6) "Holder" means the grantee of an environmental covenant as specified in RCW 64.70.030(1).
(7) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(8) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
[ 2020 c 20 § 1064; 2017 c 23 § 6; 2007 c 104 § 3.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]