Wash. Rev. Code » Title 64 · Chapter 64.04
Revised Code of Washington

Wash. Rev. Code § 64.04.010 (2026)

Conveyances and encumbrances to be by deed

✓ current as of May 2026
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Every conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed: PROVIDED, That (1) leases do not require acknowledgment, witness, or seals, but to be recorded, a lease and a memorandum of lease must have the lessee's and lessor's signatures acknowledged; and (2) when real estate, or any interest therein, is held in trust, the terms and conditions of which trust are of record, and the instrument creating such trust authorizes the issuance of certificates or written evidence of any interest in said real estate under said trust, and authorizes the transfer of such certificates or evidence of interest by assignment by the holder thereof by a simple writing or by endorsement on the back of such certificate or evidence of interest or delivery thereof to the vendee, such transfer shall be valid, and all such assignments or transfers hereby authorized and heretofore made in accordance with the provisions of this section are hereby declared to be legal and valid.
[ 2024 c 27 s 2; 1929 c 33 s 1; RRS s 10550. Prior: 1888 p 50 s 1; 1886 p 177 s 1; Code 1881 s 2311; 1877 p 312 s 1; 1873 p 465 s 1; 1863 p 430 s 1; 1860 p 299 s 1; 1854 p 402 s 1.]
Notes of Decisions
Cited in 143 cases (23 in the last 5 years), 1956–2026 · leading case: Firth v. Hefu Lu, 49 P.3d 117 (Wash. 2002).
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Firth v. Hefu Lu, 49 P.3d 117 (Wash. 2002). · cites it 14× “— We here consider whether an agreement to transfer shares in a corporation that operates a housing cooperative is subject to the real estate statute of frauds, RCW 64.04.010. We hold that it is not because stock in a cooperative corporation is not an interest in real property…”
W. Plaza, LLC v. Tison, 364 P.3d 76 (Wash. 2015). · cites it 10× “010 refers expressly to tenancies and leases; it is a special statute of frauds that creates an exception to, and takes the place of, the general real estate statute of frauds, RCW 64.04.010, 8 for tenancies. Danielsen, 24 Wn.”
Firth v. Lu, 49 P.3d 117 (Wash. 2002). · cites it 13× “We here consider whether an agreement to transfer shares in a corporation that operates a housing cooperative is subject to the real estate statute of frauds, RCW 64.04.010. We hold that it is not because stock in a *118 cooperative corporation is not an interest in real…”
Berg v. Ting, 886 P.2d 564 (Wash. 1995). · cites it 5× “However, while the trial court granted summary judgment to the Tings on this basis, the Court of Appeals held that the grant of easement is enforceable under the doctrine of part performance. The Bergs maintain that, contrary to the holdings of the trial court and the Court of…”
Key Design Inc. v. Moser, 983 P.2d 653 (Wash. 1999). · cites it 5× “" RCW 64.04.010. Prior to Martin , a line of cases elaborated on what this and other provisions of the statute of frauds require: "In a long line of decisions, we have held that, in order to comply with the statute of frauds, a contract or deed for the conveyance of land must…”
Key Design, Inc. v. Moser, 138 Wash. 2d 875 (Wash. 1999). · cites it 4× “RCW 64.04.010. The statute then outlines the requirements with which a deed must comply.”
Schweiter v. Halsey, 359 P.2d 821 (Wash. 1961). · cites it 8× “Our statute of frauds, RCW 64.04.010, provides: "Every conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed: .”
Zunino v. Rajewski, 140 Wash. App. 215 (Wash. Ct. App. 2007). · cites it 2× “¶26 The Rajewskis contend that the private road and utility easement documents, executed and recorded to obtain certificates of exemption, constitute easements. But this view is mistaken.”
Kesinger v. Logan, 779 P.2d 263 (Wash. 1989). · cites it 4× “7 Pertinent is RCW 64.04.010, which provides: Every conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed: .”
Kirk v. Tomulty, 831 P.2d 792 (Wash. Ct. App. 1992). · cites it 3× “*236 I Creation of the Easement An easement is an interest in land subject to the provisions of RCW 64.04.010, which requires that conveyances be accomplished by deed.”
Miller v. McCamish, 479 P.2d 919 (Wash. 1971). · cites it 3× “and RCW 64.04.010 which provides that “[ejvery conveyance of real estate, or any interest therein, .”
Dowgialla v. Knevage, 294 P.2d 393 (Wash. 1956). · cites it 6× “" RCW 64.04.010 [ cf. Rem. Rev. Stat., § 10550]: "Every *333 conveyance of real estate or any interest therein, .”
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