Wash. Rev. Code » Title 65 · Chapter 65.08

Wash. Rev. Code § 65.08.060

Terms defined

Find cases: SyfertCases citing this section WA-LEGapp.leg.wa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
(1) The term "real property" as used in RCW 65.08.060 through 65.08.150 includes lands, tenements and hereditaments and chattels real and mortgage liens thereon except a leasehold for a term not exceeding two years.
(2) The term "purchaser" includes every person to whom any estate or interest in real property is conveyed for a valuable consideration and every assignee of a mortgage, lease or other conditional estate.
(3) The term "conveyance" includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned or by which the title to any real property may be affected, including an instrument in execution of a power, although the power be one of revocation only, and an instrument releasing in whole or in part, postponing or subordinating a mortgage or other lien; except a will, a lease for a term of not exceeding two years, and an instrument granting a power to convey real property as the agent or attorney for the owner of the property. "To convey" is to execute a "conveyance" as defined in this subdivision.
(4) The term "recording officer" means the county auditor or, in charter counties, the county official charged with the responsibility for recording instruments in the county records.
[ 1999 c 233 s 16; 1984 c 73 s 1; 1927 c 278 s 1; RRS s 10596-1.]

Notes:

Effective date—1999 c 233: See note following RCW 4.28.320.
Notes of Decisions
Cited in 22 cases (2 in the last 5 years), 1960–2022 · leading case: Ellingsen v. Franklin County
Sort: Relevance Newest Treatment
Ellingsen v. Franklin County (1991) wash · cites it 4× “RCW 65.08.060(3). The parties and the trial court treated RCW 65.”
Tomlinson v. Clarke (1992) wash · cites it 2× “670; codified at RCW 65.08.060(3). 17 Laws of 1984, ch. 73, § 2, p.”
Mueller v. Rupp (1988) washctapp · cites it 5× “060(1) expressly limits the definition of real property therein to RCW 65.08.060 through 65.08.150. "Absent a statutory definition, words of a statute must be accorded their ordinary meaning.”
OneWest Bank, FSB v. Erickson (2016) wash “7 Our recording act modifies the common law rule of “first in time, first in right” to determine property interests and instead gives priority to bona fide purchasers.”
Hu Hyun Kim v. Lee (2001) wash “An unrecorded assignment may be void against subsequent bona fide purchasers for value who take without notice of the preceding mortgage. See Price v. N. Bond & Mortgage Co.”
Shepard v. Holmes (2014) washctapp ““Conveyances” required to be recorded under the statute include “every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned or by which the title to any real property may be affected” RCW 65.08.060(3) (emphasis…”
United Savings & Loan Bank v. Pallis (2001) washctapp · cites it 3× “” 29 United qualifies as a purchaser under RCW 65.08.060(2) because it loaned the funds to Pallis in exchange for a security interest in the property—the deed of trust.”
Kim v. Lee (2001) wash “An unrecorded assignment may be void against subsequent bona fide purchasers for value who take without notice of the preceding mortgage. See Price v. N. Bond & Mortgage Co.”
Federal Intermediate Credit Bank of Spokane v. O/S SABLEFISH (1989) wash “m "conveyance" includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned or by which the title to any real property may be affected including an instrument in execution of a power, although the power be one…”
Strong v. Clark (1960) wash “” RCW 65.08.060 defines “conveyance” as follows: “ .”
Tomlinson v. Clarke (1991) washctapp · cites it 2× “Compare former RCW 65.08.060(3) (excluding executory contracts from the definition of a conveyance) with current RCW 65.”
Hendricks v. Lake (1974) washctapp “It seems evident that if a good faith purchaser for valuable consideration who records first is protected against a previous conveyance of the same interest from the same conveyor, that a good faith purchaser for valuable consideration who purchases property in a different title…”
Show all 22 citing cases →
— Wash. Rev. Code § 65.08.060(1) — 1 case
Mueller v. Rupp (1988) washctapp “060(1) expressly limits the definition of real property therein to RCW 65.08.060 through 65.08.150. "Absent a statutory definition, words of a statute must be accorded their ordinary meaning.”
— Wash. Rev. Code § 65.08.060(2) — 6 cases
OneWest Bank, FSB v. Erickson (2016) wash “7 Our recording act modifies the common law rule of “first in time, first in right” to determine property interests and instead gives priority to bona fide purchasers.”
Hu Hyun Kim v. Lee (2001) wash “An unrecorded assignment may be void against subsequent bona fide purchasers for value who take without notice of the preceding mortgage. See Price v. N. Bond & Mortgage Co.”
United Savings & Loan Bank v. Pallis (2001) washctapp “” 29 United qualifies as a purchaser under RCW 65.08.060(2) because it loaned the funds to Pallis in exchange for a security interest in the property—the deed of trust.”
Kim v. Lee (2001) wash “An unrecorded assignment may be void against subsequent bona fide purchasers for value who take without notice of the preceding mortgage. See Price v. N. Bond & Mortgage Co.”
United Savings and Loan Bank v. Pallis (2001) washctapp
— Wash. Rev. Code § 65.08.060(3) — 13 cases
Ellingsen v. Franklin County (1991) wash “RCW 65.08.060(3). The parties and the trial court treated RCW 65.”
Tomlinson v. Clarke (1992) wash “670; codified at RCW 65.08.060(3). 17 Laws of 1984, ch. 73, § 2, p.”
Shepard v. Holmes (2014) washctapp ““Conveyances” required to be recorded under the statute include “every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned or by which the title to any real property may be affected” RCW 65.08.060(3) (emphasis…”
Federal Intermediate Credit Bank of Spokane v. O/S SABLEFISH (1989) wash “m "conveyance" includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned or by which the title to any real property may be affected including an instrument in execution of a power, although the power be one…”
Tomlinson v. Clarke (1991) washctapp “Compare former RCW 65.08.060(3) (excluding executory contracts from the definition of a conveyance) with current RCW 65.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.