Legal Question in Real Estate Law in Washington

building on city property

I purchased my condominium just over 3 years ago. This past October we found out that half of our backyard was sold to the city for road improvement and widening. During that time we also found out that our building is on city property. Neither of these issues was disclosed during the purchase. We have since found documents showing the builders signature to sell the land dated back to 1996 at the earliest. I would like to move out of the unit because will jhave a 5 lane highway 40 feet off my patio (currently 2) and the idea of living on city property isn't sitting well with me. I am thinking about asking the builder to buy me out so that I can move(how much do we ask for?) Myself and my neighbors are very upset and feel we were misled and out right lied to. What are our options?


Asked on 3/21/04, 12:09 pm

1 Answer from Attorneys
Matthew King Wershow & Ritter, Inc. P.S.

Re: building on city property

I would recommend you contact an attorney immediately. Washington condominiums development and sales are governed by the Washington Condominium Act. This act requires specific disclosures in a document called a "public offering statement." You need to have an attorney review the declaration, public offering statement, and all other documents to determine whether the nature and scope of the condominium misrepresentation.

If, however, the condominium was not new, then the question become whether your title report showed the fact your condominium was on government owned land.

Feel free to contact me if you have further questions.

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Answered on 3/22/04, 10:14 am


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