Wash. Rev. Code § 64.04.010

Section 64.04.010 requires conveyances of real estate or interests in it to be made by deed.

Erickson v. Wahlheim · filed 1958-01-09

“Every conveyance of real estate or any interest therein, and every contract creating or evidencing an encumbrance upon real estate, shall be by deed.”

Section 64.04.010 requires a deed for every conveyance of real estate or any interest in it, including an easement, so an oral promise cannot create an easement or interest in land.

Perrin v. Derbyshire Scenic Acres Water Corp. · filed 1964-01-30

RCW 64.04.010 provides that every conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed; and RCW 64.04.020 requires that every deed shall be in writing, signed by the party bound thereby, and acknowledged before a person authorized by statute to take acknowledgments of deeds.

Section 64.04.010 requires every conveyance of real estate to be made by deed.

Main v. Taggares · filed 1972-12-05

In denominating the sale from plaintiff to Petrie a “straight-across” transaction, a direct sale made could not be converted into' a sale and resale in order to avoid the payment of a transaction excise tax and for a set of conveyancing stamps. This would have involved a fictional constructive transfer to Taggares, the defendant, which would contravene the statute of frauds. RCW 64.04.010 requires that every conveyance of real estate “shall be by deed.”

Section 64.04.010 requires every conveyance of real estate or an interest in it to be made by deed.

Saunders v. Callaway · filed 1985-10-22

RCW 64.04.010 provides that " [e]very conveyance of real estate, or any interest therein, . . . shall be by deed: ..." A deed to be valid must be in writing, signed by the party bound thereby, and acknowledged. RCW 64.04.020.

Section 64.04.010 requires conveyances of real estate or interests in land, including rights of way and easements, to be made by deed.

Kesinger v. Logan · filed 1989-09-21

The above quoted statute applies to conveyances of "real estate, or any interest therein". RCW 64.04.010. The Rankin Contract contemplated the conveyance of a "right-of-way", and that is the interest which the District asserts that it holds in the disputed property. We have held that a conveyance of a right of way may be in fee simple or may be only an easement. An estate in fee simple, of course, is real estate, and we have held that an easement is also an interest in land within the purview of the conveyances statute. Thus, the foregoing statute applies to any conveyance of a right of way in this case.

Section 64.04.010 generally requires an easement conveyance to be by deed, but an agreement to create an easement may be enforced when part performance and acceptance of benefits take the conveyance out of the statute of frauds.

Kirk v. Tomulty · filed 1992-06-29

An easement is an interest in land subject to the provisions of RCW 64.04.010, which requires that conveyances be accomplished by deed. ... Here, as in Kesinger, there was no conveyance of the original interest by a deed that complied with RCW 64.04-.010; rather, there was simply an agreement to convey property at a future date. ... A conveyance can be taken out of the statute of frauds where there has been part performance of a contract on one side and an acceptance of benefit by the other. ... Phillips' application to Snohomish County and his act of building the road across Moon's property, together with Moon's acquiescence in both, constitute part performance of the agreement to grant mutual easements. ... The easement was thus effectively conveyed.

Section 64.04.010 requires conveyances of real estate or interests in it, and contracts creating or evidencing encumbrances, to be by deed; an oral express trust involving real estate therefore cannot be enforced absent actual or constructive fraud.

In Re the Marriage of Lutz · filed 1994-05-23

The rule is well settled under statutes like ours — Bal. Code, § 4517 (P. C. § 4435), providing that contracts creating incumbrances upon real estate shall be by deed — that it is only when fraud, actual or constructive, intervenes that equity will permit a trust agreement to be proved by parol. ... RCW 64.04.010 is the present version of the former statute cited by Spaulding. "Every conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed . . ..”

Section 64.04.010 requires a conveyance of real estate or an interest in land, including an easement, to be made by deed.

Ormiston v. Boast · filed 1966-05-05

RCW 64.04.010 provides that “Every conveyance of real estate, or any interest therein, . . . shall be by deed.” An easement is certainly an interest in land. ... No conveyances were ever exchanged, or even contemplated.

Section 64.04.010 requires every conveyance of or interest in real estate to be made by deed.

Genesee, Inc. v. Firstline Investment, Inc. · filed 1987-08-03

Every conveyance of or interest in real estate shall be by deed, RCW 64.04.010, and every such deed is required to be in writing, signed by the party bound thereby, and acknowledged. RCW 64.04.020. An instrument which has not been acknowledged by the grantor, but otherwise satisfies the requirements of a deed, is not yet a deed.

Section 64.04.010 requires every conveyance of real estate or an interest in real estate to be made by deed, so an oral agreement to purchase the property is unenforceable.

North Coast Mortgage Investment, Inc. v. Dunning · filed 1991-08-05

Tweet's agreement to purchase the property from U.S. Bank was only oral. It was therefore unenforceable, and in fact was little more than an expectancy. See generally RCW 64.04.010 (every conveyance of real estate or interest therein must be by deed).

Section 64.04.010 requires conveyances of real estate or interests in real estate to be by deed, so an oral land-transfer agreement cannot be specifically enforced, although equitable restitution may remain available.

Engler v. Tucker · filed 1962-11-01

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 ...” It is true that this statute bars a decree of specific performance of the contract. But the plaintiff is not without a remedy.

Section 64.04.010 requires conveyances of real estate or interests in real estate, including express easements, to be made by deed.

Rainier View Court Homeowners Ass'n v. Zenker · filed 2010-09-08

Easements are interests in land. ... Because they are interests in land, express easements must comply with the statute of frauds, which requires that “[e]very conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed.” RCW 64.04.010.

The statute requires a conveyance of land or an interest in land to be made by deed.

Pacific Cascade Corp. v. Nimmer · filed 1980-03-11

Furthermore, as the court correctly concluded, the informal correspondence between the parties did not satisfy the requirements of the real property statute of frauds. RCW 64.04.010-.020.

A conveyance of real property must be made by a valid, acknowledged deed.

Fidelity Mutual Savings Bank v. Mark · filed 1989-02-23

Title to real property can only be conveyed by a valid, acknowledged deed and the conveyance must be recorded in the county where the property is situated. RCW 64.04.010, .020. Here, Marks' Westside is not a successor in interest to the Marks' right of redemption because the unacknowledged and unrecorded July 12, 1984 "assignment of interest" was insufficient to convey the Marks' interest in the property.

Section 64.04.010 generally requires conveyances of real property to be in writing.

Richardson v. Cox · filed 2001-07-10

We begin by noting the well-established principle in Washington that, in general, conveyances of real property must be in written form. RCW 64.04.010. The original purpose of the real estate statute of frauds was to provide proof that the alleged agreement was made. Another purpose serves a cautionary function, by bringing home the significance of the conveyance, which would prevent impulsive action. See II E. Allan Farnsworth, Farnsworth on Contracts § 6.1, at 85 (1990). More importantly, the purpose behind the statute is to prevent the fraud that may arise from the uncertainty inherent in oral contractual undertakings.

Section 64.04.010 requires every conveyance or encumbrance of an interest in land to be made by deed.

Lake Limerick Country Club v. Hunt Mfg. Homes, Inc. · filed 2004-02-18

We next inquire about the Statute of Frauds that applies when transferring an interest in land. RCW 64.04.010 provides that every conveyance or encumbrance shall be by deed, and RCW 64.04.020 provides that every deed shall be in writing.[38] The Declaration of Restrictions was in writing and signed by the grantor. Assuming that RCW 64.04.010 and RCW 64.04.020 apply, they were met.

Section 64.04.010 requires every conveyance or encumbrance of real property to be made by deed.

Dickson v. Kates · filed 2006-05-02

RCW 64.04.010 requires that every conveyance or encumbrance of real property shall be by deed, and RCW 64.04.020 requires that every deed shall be in writing. ... To comply with the statute of frauds, the description of the land must be "sufficiently definite to locate it without recourse to oral testimony, or else it must contain a reference to another instrument which does contain a sufficient description." ... An agreement with an inadequate description is void. ... The statute of frauds was not met in the 1984 Kellogg-Andrews deed, thereby rendering the restriction void.

Section 64.04.010's written-deed requirement does not make abandonment of an easement a conveyance requiring a deed.

Haley v. Pugh · filed 2014-10-27

Every conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed. ... Haley's argument presupposes that abandonment of an easement is a conveyance. ... Hume's declaration is sufficient to show that she approved the alteration of the easement that limited it to utility, sewage, and drainage rights.

Section 64.04.010 requires a deed to convey real property, so a transfer of an interest in real property generally cannot occur without delivery of a deed.

In re Lopez · filed 2019-02-06

Moreover, RCW 64.04.010 also requires a deed to convey real property. Thus, under Washington law, the general rule is a transfer of an interest in real property cannot occur absent delivery of a deed.

Section 64.04.010 generally requires an interest in real property to be conveyed by a written, signed, acknowledged deed, but an unwritten agreement may be proved and specifically enforced when there is sufficient part performance.

Mountaineers Foundation v. The Mountaineers · filed 2023-09-01

Under Washington law, the conveyance of real property rights, including easements, must be accomplished by deed, in writing, signed by the bound parties, and acknowledged by a person authorized to take acknowledgments of deeds. ... However, under the doctrine of part performance, “an agreement to convey an estate in real property which is not in writing in compliance with the requisites of RCW 64.04.010 and .020 may be proved without a writing, and specifically enforced, if there is sufficient part performance of the agreement.” ... Having analyzed the three factors, the Court concludes that defendant has failed to establish that an easement exists under the doctrine of part performance.

Section 64.04.010 requires every conveyance of real estate or an interest in real estate to be made by deed.

Selene RMOF II Reo Acquisitions II, LLC v. Ward · filed 2017-08-03

RCW 64.04.010 provides that "[e]very conveyance of real estate, or any interest therein ... shall be by deed." ... Here, Ward's purported 2004 quitclaim deed is not properly notarized.

Section 64.04.010 requires conveyances of real estate or interests in it, and contracts creating or evidencing encumbrances, to be made by deed.

In re the Estate of: Steven Ward Hall · filed 2019-03-12

“Every conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed.” ... “Here, the second deed, when considered with reference to the tax parcel number, effectively complied with the statute and conveyed an interest in the property to Ms. Czyhold. Both deeds are in writing, signed by Mr. Hall, and notarized, and both deeds name the grantor as Mr. Hall and the grantee as Ms. Czyhold. Each deed identifies the property subject to the conveyance by tax parcel number, county, and state. Each deed also references a pending tax lien. The lien document, in turn, provides a complete legal description of the property. The second deed also includes a partial legal description.”

Section 64.04.010 requires a conveyance of real estate or an interest in it to be made by deed, so no valid foreclosure transfer occurs before the deed is delivered.

Jacarae Lea Fairbanks · filed 2021-01-25

Betchan holds that, based on RCW 64.04.010 and RCW 61.24.050(1), “there was no valid transfer of Betchan’s home to the Bank prior to Ms. Betchan filing her bankruptcy petition, and further, that the post-petition transfer is void because it was in violation of 11 U.S.C. § 362(a).” 524 B.R. at 835. This court agrees. Thus, the alternative motion for relief to re-execute, redeliver, and rerecord the trustee’s deed is denied for the same reason.

Section 64.04.010 requires real property to be conveyed by deed.

In re: Gary William Walkama and Vonda Joanne Walkama · filed 2021-05-10

First, real property must be conveyed by deed, see Wash. Rev. Code § 64.04.010, and neither the sale order nor the sheriff’s levy constitute a deed.

Section 64.04.010 requires every conveyance of real estate or an interest in it to be made by deed.

Pierce County, V. Weymouth · filed 2023-12-12

However, May recorded his warranty deed after the County filed its complaint for public nuisance abatement at the property and after the trial court entered the default judgment authorizing the warrant of abatement. Until then, May did not have any legal ownership interest in the property. See RCW 64.04.010 (“Every conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed.”). Therefore, the County was not required to give May notice of the lawsuit.

Section 64.04.010 requires a conveyance of real estate or an interest in it, and a contract creating or evidencing an encumbrance on real estate, to be made by deed; an oral agreement cannot convey such an ownership interest.

Moore · filed 2021-07-08

Under Washington’s real estate statute of frauds, “[e]very conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed.” RCW § 64.04.010. ... If an agreement actually conveys title or interest in real property, or if it creates or evidences an encumbrance of real property, RCW § 64.04.010 applies, such that a written deed is required. Firth v. Lu, 146 Wash. 2d 608, 614–15 (2002). ... Under Washington law, an oral agreement could not have conveyed an ownership interest to the Moores or otherwise encumbered the Battle Ground Property. Firth, 146 Wash. 2d at 614–15. The Court concludes as a matter of law that any oral agreement between the Moores and Reises would fail to convey any ownership interest in the Battle Ground Property to the Moores, as it would fail to comply with Washington’s statute of frauds. The Moores could not have had a legal or equitable interest in the Property on that basis, providing an additional ground for dismissal of the Moores’ stay violation claim.

Section 64.04.010 requires contracts concerning interests in land to be in writing to be valid and enforceable, subject to equitable exceptions only when necessary to prevent gross fraud.

Thompson v. Hunstad · filed 1958-10-23

The statute of frauds is a positive enactment, to the effect that contracts of this nature, to be valid and en-forcible, must be in writing. Courts of equity have no right, any more than courts of law, to disregard the statute, except where it is necessary to do so in order to prevent a gross fraud from being practiced.

Section 64.04.010 requires a contract creating an encumbrance on real property to be in writing, but equity may specifically enforce a parol contract after part performance proved by clear and unequivocal evidence.

Canterbury Shores Associates v. Lakeshore Properties, Inc. · filed 1977-12-19

The real property statute of frauds, RCW 64.04.010, requires that every contract creating an encumbrance upon real property shall be in writing. But a court of equity will specifically enforce a parol contract for the conveyance of an interest in real property where there has been part performance by one of the parties if "the contract [can] be established to the satisfaction of the court by clear and unequivocal proof, leaving no doubt as to the character, terms, and existence of the contract."

Section 64.04.010 ordinarily requires a conveyance of real property to be in writing and meet deed formalities, but it does not apply to an oral settlement stipulated in open court.

Snyder v. Tompkins · filed 1978-05-23

Ordinarily, a legally enforceable conveyance of real property must be executed in writing with all the formal requisites specified for a deed. RCW 64.04.010. We hold the statute of frauds has no application to the present situation.

Section 64.04.010 does not bar enforcement of an oral agreement to exercise a written option to purchase real estate when the signed writing supplies the detailed terms of the contract of sale.

Ban-Co Investment Co. v. Loveless · filed 1978-12-05

Neither is the oral agreement to exercise the options rendered unenforceable because of the statute of frauds requiring that certain agreements be in writing. See RCW 19.36.010; RCW 64.04.010. In this jurisdiction, it is settled that the acceptance of a written option to purchase real estate is not invalid because it is oral. Duprey v. Donahoe, 52 Wn.2d 129, 133, 323 P.2d 903 (1958); Spake v. Elder, 1 Wn. App. 116, 121-22, 459 P.2d 820 (1969). The rationale is that the statute of frauds is sufficiently complied with in that situation since the detailed terms of the contract to sell are supplied by the writing signed by the parties to be held. See Annot., 30 A.L.R.2d 976 (1962). We see no valid reason why that same reasoning is not equally applicable in the present situation.

Section 64.04.010 applies to actual conveyances of real property or interests in real property and to agreements creating or evidencing encumbrances on real property; a cooperative corporation stock transfer is not within the statute because the stock is not an interest in real property.

Firth v. Lu · filed 2002-06-27

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 transferable by deed. ... By its plain language RCW 64.04.010 applies only to the following agreements: (1) actual conveyances of title or interests in real property; and (2) agreements that create or evidence an encumbrance of real property.

Section 64.04.010 brings conveyances and interests in real estate within the statute of frauds, so an option to purchase real estate must contain an adequate legal description, although part performance can make an inadequately described option enforceable.

Pardee v. Jolly · filed 2008-05-08

The statute of frauds, by its terms, applies to "[e]very conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate." RCW 64.04.010. Under the statute of frauds, contracts for the sale or conveyance of real property must include a legal description of the property. ... In this case, the contract contains an inadequate legal description of the property. ... The option does not identify the addition or city where the property is located and, consequently, violates the statute of frauds. ... The option is enforceable despite the inadequate legal description because all three elements of the part performance doctrine are present.

Section 64.04.010 requires a contract creating or evidencing an easement to be in writing and comply with the statute of frauds.

Proctor v. Huntington · filed 2008-09-23

And because easements are "encumbrance[s] upon real estate," any contract creating or evidencing an easement must be in writing and comply with the statute of frauds set forth in RCW 64.04.010.

Section 64.04.010 requires conveyances of real estate or interests in it, and contracts creating or evidencing encumbrances on real estate, to be by deed; the court nevertheless enforced this agreement under part performance despite noncompliance.

E. Duane Golphenee And John Solin, App v. Pondilla Estates Community Assoc., Resp · filed 2017-04-03

The purpose of the statute of frauds is to prevent fraud arising from inherently uncertain oral agreements. ... It requires that "[e]very conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed. . ." RCW 64.04.010. ... Under the doctrine of part performance, an agreement to convey an interest in real estate that does not comply with the statute of frauds may be proved and specifically enforced if there is sufficient part performance of the agreement. ... We conclude that under the doctrine of part performance, the agreement is enforceable even though it is not in strict compliance with the statute of frauds.

Section 64.04.010 requires contracts for the sale or lease of real property to be in writing, and its broad encumbrance language applies to easements.

Riverview Community Group v. Spencer & Livingston · filed 2013-02-14

Our statute of frauds requires contracts for the sale or lease of real property to be in writing. ... The broad language of the statute, reaching any encumbrance, also applies to easements and other lesser interests in realty.

Section 64.04.010 requires conveyances of real estate or interests in it, and contracts creating or evidencing encumbrances on real estate, to be by deed; an easement cannot be modified orally when the governing instrument requires written modification.

Hurlbut v. Crines · filed 2020-09-28

RCW 64.04.010 provides that every conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed; and RCW 64.04.020 requires that every deed shall be in writing, signed by the party bound thereby, and acknowledged before a person authorized by statute to take acknowledgments of deeds.

Although § 64.04.010 ordinarily requires an agreement to convey an interest in real property to be in writing with deed formalities, sufficient part performance can exempt the oral agreement from the statute and support an action for legal damages.

Miller v. McCamish · filed 1971-01-21

Thus, this court has long held that an agreement to convey an estate in real property, though required by RCW 64.04.010 and 64.04.020 to be in writing with the formal requisites specified for a deed, may be proved without a writing, given sufficient part performance; and that specific performance will be granted where the acts allegedly constituting the part performance point unmistakably and exclusively to the existence of the claimed agreement. ... We therefore hold that, where an oral contract or agreement is satisfactorily demonstrated under the existing test applied by this court, such oral contract or agreement, within the statute of frauds but exempted therefrom by part performance, may serve as a basis for an action at law for money damages.

Section 64.04.010 does not require a deed for oral revocation of an "empty" or "naked" trust because revocation extinguishes the beneficiary's expectancy rather than conveying a present real-estate interest.

Poltz v. Tyree · filed 1985-09-03

Tyree contends the execution of the trust and quitclaim deed had the effect of conveying an interest in real property to Casler, as trustee, and Tyree, as beneficiary, and that revocation of the trust is a conveyance of an interest in real property which must be in writing in order to comply with RCW 64.04.0101 and .020.2 ... We conclude that there is no legal impediment to an oral revocation of the trust involved in this case. When the trust was revoked, the deed was rendered a nullity. At the time of the revocation, Tyree did not hold an interest in real estate requiring reconveyance by deed back to the settlor. He held, at most, a mere expectancy or an inchoate interest,3 which was extinguished by the revocation of the trust.

Section 64.04.010's deed requirement does not apply to an oral partnership agreement to buy and sell real estate when the land is held in one partner's name for profit and resale.

Malnar v. Carlson · filed 1996-02-01

The Defendant relies on RCW 64.04.010 which generally requires conveyances of real estate to be by deed. This statute does not apply to the present case. In Washington an oral agreement of partners for the purpose of buying and selling real estate, whereby lands are purchased and held in the name of one partner for profit and resale, is not within the statute of frauds. Such agreements are not contracts for the sale or transfer of interests in land and need not be in writing.

A defective lease that would otherwise fall within the statute of frauds may be enforced when the lessee sufficiently performs its covenants; full performance is sufficient.

Fletcher v. Gier · filed 1972-07-05

It is well settled in this and many other states that a sufficient part performance by a lessee of the covenants contained in a lease removes the contract from the statute of frauds and authorizes a court of equity to decree the specific performance of the agreement by the lessor. ... In the instant case, instead of part performance we have full performance by the lessee during the year 1969. As a consequence, enforcement of the written agreement is not barred by the statute of frauds.

Section 64.04.010 requires a contract conveying an interest in real property to satisfy the statute of frauds, but sufficient part performance may take the contract outside the statute when the required facts are established.

Clarke v. Alstores Realty Corp. · filed 1974-10-28

Although no Washington case has been brought to our attention which characterizes the sale of peat in place as the sale of an interest in realty, we agree with the trial court’s ruling on the point. ... A contract to convey real property must satisfy the requirements of the statute of frauds; whether there was sufficient part performance to take the contract in question outside of the statute, however, is not capable of determination as a matter of law upon the record before us. ... Thus, in determining whether sufficient part performance has taken place here, we are not so much interested in the amount of actual effort expended by Clarke as we are in whether that effort circumstantially establishes all of the elements of the contract. Such an inquiry best furthers the legislative intent of RCW 64.04.010, i.e., preventing fraud.

Section 64.04.010 requires conveyances of real estate or interests in it to be by deed; the court treated agreements to lease for more than one year as within the statute of frauds and held signed writings sufficient for the new lease.

Friedl v. Benson · filed 1980-02-19

Agreements to lease for a period exceeding 1 year come within the purview of two statutes of frauds, RCW 19.36-.010, which provides that ... and RCW 64.04.010 which provides that "[e]very conveyance of real estate, or any interest therein, . . . shall be by deed." ... It is thus apparent that exhibits 4 and 6 contained all of the essential and material parts of the promised new lease and satisfied the statute of frauds.

The deed requirement does not bar enforcement of an oral lease-option when sufficient evidence of the agreement and part performance removes the fraud risk caused by uncertainty.

Powers v. Hastings · filed 1980-06-12

The elements involved in determining if there is sufficient part performance to "remove" an oral contract for the sale or lease of real property from the operation of the statute of frauds are: (1) delivery and assumption of actual and exclusive possession; (2) payment or tender of consideration; and (3) the making of permanent, substantial and valuable improvements, referable to the contract. ... Because all three elements appear to be present in the instant case, a fair-minded person would conclude there is sufficient evidence of part performance of the lease-option agreement. ... Because there is sufficient evidence to persuade a fair-minded person of the existence, character and terms of the contract and of part performance, the purpose of the statute of frauds — prevention of fraud arising from uncertainty inherent in oral contracts — would not be served by its application in the instant case.

An oral agreement to convey real property may be enforced when part performance points unmistakably and exclusively to the agreement, and the required circumstances include possession, consideration, and substantial improvements.

Louron Industries, Inc. v. Holman · filed 1972-11-16

The principal elements or circumstances involved in determining whether there has been sufficient part performance by a purchaser of real estate under an oral contract otherwise within the statute of frauds, are (1) delivery and assumption of actual and exclusive possession of the land; (2) payment or tender of the consideration, whether in money, other property, or services; and (3) the making of permanent, substantial, and valuable improvements, referable to the contract.

Section 64.04.010's statute-of-frauds requirement is not overcome by part performance without clear and unequivocal evidence establishing the agreement's terms and character.

Spur Growth Trust v. Ccos Lake Union Boat Center, Llc, Et Ano. · filed 2018-01-16

To satisfy the doctrine of part performance, there must be clear and unequivocal evidence that leaves no doubt as to the terms, character, or existence of the contract.

Section 64.04.010 requires conveyances of land to be made by written deed, but part performance can remove an oral land-sale agreement from the statute of frauds when possession, consideration, and substantial improvements are shown.

Dankievitch v. Marti · filed 2022-07-12

Courts examine three factors when determining whether there has been part performance of an oral agreement such that it removes the agreement from the statute of frauds: (1) delivery and assumption of actual and exclusive possession; (2) payment or tender of consideration; and (3) the making of permanent, substantial and valuable improvements, referable to the contract.

Section 64.04.010 generally requires conveyances and real-estate sale contracts to contain an adequate legal description, but that requirement does not apply to a written agreement between spouses changing separate property to community property when enforced between the spouses or persons in privity with them.

In Re Estate of Verbeek · filed 1970-03-23

The earlier statutes above cited are now superseded and embraced by RCW 64.04.010; cf., RCW 26.16.050. However, under that statute and its predecessors it was and is well settled that deeds and written contracts of sale must contain an adequate legal description of the real estate upon which it operates. ... Yet, notwithstanding the legal description requirements of RCW 64.04.010 and its predecessors, no such requirement has been held necessary in an agreement between husband and wife changing the status of separate to community property, at least when the questions arise as between the spouses and persons in privity with them. ... One must conclude that the requirement of a writing is not a statutory requirement but a court-created requirement adapting itself to felt requirements in aid of the policy favoring freedom of contract between spouses, the desire to carry out their mutual intentions adequately evidenced, and in the case of the conversion of separate into community property, in aid of the policy favoring community property. ... What is required is that the mutual intention of the husband and wife to convert separate into community property should be evidenced by a writing. Mutual written promises as in Volz v. Zang, supra, will suffice, even though unaccompanied by legal description.

Section 64.04.010 requires a written, signed and acknowledged deed for a conveyance of real estate or an interest in real estate, but an easement document need only sufficiently describe the servient estate and need not fix the easement's precise location.

Wilhelm v. Beyersdorf · filed 2000-05-18

Every conveyance of real estate and any interest or encumbrance on real estate must be by written deed, signed and acknowledged. RCW 64.04.010, .020; Berg v. Ting, 125 Wash.2d 544, 551, 886 P.2d 564 (1995). The statute of frauds requires that any conveyance of an interest in land, including an easement, must contain a description of the land sufficient to locate it without oral testimony (or it must refer to another instrument that does contain a sufficient description). Id. In the case of an easement, the document does not have to establish the easement's actual location. Id. Only the servient estate must be described in sufficient legal terms. Id. The original Featherman property, the servient estate here, is properly located by its exact legal description in terms of "lot and block and addition or plat[.]" Id. at 553, 886 P.2d 564 (quoting RCW 65.04.030(1)). Consequently, the Featherman easement effectively created a valid easement over the Featherman property as the servient estate for the benefit of the Dorsey property as the dominant estate.

Section 64.04.010 requires conveyances of real estate interests, including easements, to be by deed, and the servient estate must be sufficiently described for the conveyance to satisfy the statute of frauds.

Berg v. Ting · filed 1995-01-05

Under RCW 64.04.010, "[e]very conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed . . .." RCW 64.04.020. Although it is an incorporeal right, an easement is an interest in land. See Perrin v. Derbyshire Scenic Acres Water Corp., 63 Wn.2d 716, 388 P.2d 949 (1964). An express grant of easement is a conveyance within the meaning of the statute of frauds. E.g., Ormiston v. Boast, 68 Wn.2d 548, 550, 413 P.2d 969 (1966). ... The servient estate must be sufficiently described. See Seattle v. Nazarenus, 60 Wn.2d 657, 660-61, 374 P.2d 1014 (1962). ... The grant thus did not contain a sufficient description of the land nor did it reference an instrument which did contain such a description. ... In summary, we hold that the grant of easement does not comply with the statute of frauds and that the doctrine of part performance does not apply in this case to take the grant of easement out of the statute of frauds.

Section 64.04.010 requires a land-sale contract to contain a legal description sufficient to locate the property without resort to oral testimony, though an expressly incorporated document may supply the description.

Home Realty Lynnwood, Inc. v. Walsh · filed 2008-08-04

The instrument must contain a description sufficient to locate the land without recourse to oral testimony or contain a reference to another instrument that does contain a sufficient description. ... We conclude that the trial court erred in ruling that the statute of frauds was satisfied based solely on oral testimony of the parties’ intent to “attach” the purchase and sale agreement and statutory warranty deed. This ruling plainly contravened Washington’s well-established, strict rule against recourse to oral testimony in satisfying the statute of frauds.

Section 64.04.010 requires conveyances of interests in real estate, including express easements, to be by deed, but an easement description satisfies the statute of frauds when its location can be determined from the instrument without oral testimony.

Maier v. GISKE · filed 2010-01-04

It requires that "[e]very conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed. . . ." RCW 64.04.010. ... Because they are interests in land, express easements must comply with the statute of frauds. ... However, with easements, the description requirement can be relaxed. The statute of frauds does not require a description of an easement's exact location so long as the easement can be located on a specific servient estate. ... But if the easement's exact location can be ascertained from the instrument itself, then the description is sufficient to comply with the statute of frauds. ... From this description, a surveyor could locate the area covered by the easement without recourse to oral testimony. Because the description in the instrument is sufficient to allow the easement to be located without parol evidence, it does not violate the statute of frauds.

A conveyance of land must include a description definite enough to locate the property without relying on oral testimony.

Halbert v. Forney · filed 1997-07-28

Their concession is correct, because to comply with the statute, conveyances of land must contain a description of the land that is sufficiently definite to locate it without recourse to oral testimony.

Section 64.04.010, as applied through Washington's statute-of-frauds rule, requires a contract for the sale or conveyance of platted real property to contain a correct legal description, including the lot number, block number, addition, city, county, and state.

Key Design Inc. v. Moser · filed 1999-09-09

We reaffirm the rule requiring that an agreement involving a sale or conveyance of platted real property must contain a correct legal description.

Section 64.04.010 requires a conveyance of land to contain a description sufficiently definite to locate the property without resort to oral testimony; for platted property, a street address is generally insufficient and the description must generally include the lot, block, and addition.

Halbert v. Forney · filed 1997-09-02

By asking the court to reform the contract, the Halberts implicitly concede that the property description offends the statute of frauds. Their concession is correct, because to comply with the statute, conveyances of land must contain a description of the land that is sufficiently definite to locate it without recourse to oral testimony. Berg v. Ting, 125 Wash.2d 544, 551, 886 P.2d 564 (1995); RCW 64.04.010; RCW 64.04.020. The Supreme Court has held that street addresses, even when coupled with townships and counties, are insufficient to comply with the statute of frauds. Martin v. Seigel, 35 Wash.2d 223, 226-29, 212 P.2d 107 (1949). Instead, a valid description of platted property must generally include the correct lot number, block number, and addition. See Tenco, Inc. v. Manning, 59 Wash.2d 479, 484-85, 368 P.2d 372 (1962).

Section 64.04.010 requires every conveyance of real estate or an interest in it, and every contract creating or evidencing an encumbrance on real estate, to be by deed; a trustee cannot convey land omitted from the deed of trust and trustee's deed.

Petersen v. Robert K. Mccormic, Jr · filed 2019-07-09

The statute of frauds requires “[e]very conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed.” ... we hold the trustee in this case could sell only Lots 1 and 2, as described in the deed of trust and conveyed to Petersen via the trustee’s deed. The trustee could not convey land that was not described in the trustee’s deed.

Section 64.04.010 requires contracts for the sale or conveyance of real property to include a sufficiently definite legal description, subject to a narrow exception when the agreement authorizes and the description is later inserted.

Reeves v. Tedd Ratermann & Dba Aa&a Ratermann Investments · filed 2018-05-30

It is well settled in Washington that a description of real property by street address is inadequate to satisfy the real estate statute of frauds. Martin v. Siegel, 35 Wn.2d 223, 228-29, 212 P.2d 107 (1949); see RCW 64.04.010. Rather, “contracts for the sale or conveyance of real property must include a legal description of the property.” Pardee v. Jolly, 163 Wn.2d 558, 566-67, 182 P.3d 967 (2008). The description must be sufficiently definite that the land may be located without recourse to extrinsic evidence, or the agreement must refer to another instrument that includes a sufficient description. Tenco, Inc. v. Manning, 59 Wn.2d 479, 485, 368 P.2d 372 (1962).

Section 64.04.010 requires conveyances of real estate or interests in it, and contracts creating or evidencing encumbrances, to be by deed with a sufficiently definite, nonmisleading property description.

William & Maria Lawson v. Bankers Insurance Co · filed 2025-01-21

The real estate statute of frauds, RCW 64.04.010, requires that “[e]very conveyance of real estate, or any interest therein, and every contract creating or evidencing an encumbrance upon real estate, shall be by deed.” A deed or other instrument affecting title to real estate must “afford[ ] an intelligent means for identifying the property, and does not mislead.”

Section 64.04.010 requires conveyances of real estate or interests in it, and contracts creating or evidencing encumbrances on real estate, to be made by a written deed signed by the party bound; an option must also include a sufficiently definite description and the essential contract terms.

Flory v. Triple S University Way, LLC · filed 2025-08-05

Every conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed.” RCW 64.04.010. Deeds must be in writing and signed by the party bound thereby. Id. Thus, an agreement or contract for the conveyance of real property must be in writing to satisfy the statute of frauds. ... With respect to the conveyance of real property, the statute of frauds requires the written agreement or contract contain a description “sufficiently definite to locate [the property] without recourse to oral testimony, or else it must contain a reference to another instrument which does contain a sufficient description [of the property].”

Section 64.04.010 requires an express trust in land to be established in writing, but sufficient part performance by a beneficiary in possession may remove the transaction from the statute's requirements.

Diel v. Beekman · filed 1972-08-01

RCW 19.36.010, 64.04.010 and 64.04.020 preclude establishing an express trust in land by parol evidence. ... However part performance by a beneficiary in possession may remove the transaction from the requirements of the statute. ... The possession, improvements and part payment which existed in this case are as consistent with a landlord-tenant relationship as with a trustee-beneficiary relationship. The burden of establishing an express trust by part performance has not been met since the existence of the leases is inconsistent with the latter relationship, and therefore the evidence is insufficient to overcome the barrier of the statute.

Section 64.04.010 requires an express trust in real property to be evidenced in writing and bars proving it by parol evidence.

Stocker v. Stocker · filed 1994-04-28

He apparently concedes the well settled law in this state that an express trust in real property must be in writing and cannot be proved by parol evidence. RCW 19.36.010; RCW 64.04.010, .020; ... The conveyance by Marvin to Loren in 1965 did not create an express trust.

Section 64.04.010 bars establishing an express trust in land by parol evidence, but it does not bar parol evidence to establish a constructive trust.

Dowgialla v. Knevage · filed 1956-02-16

Because of these statutes, an express trust in land cannot be established by parol. ... These statutes, however, do not preclude the use of parol evidence to establish a constructive trust.

Section 64.04.010 brings leases exceeding one year within the statute of frauds and permits a written lease provision stating that rent is to be negotiated to satisfy the price-or-consideration requirement.

Family Medical Building, Inc. v. Department of Social & Health Services · filed 1985-07-03

There is no dispute that an agreement to lease for more than 1 year is within the statute of frauds. RCW 19.36.010; RCW 64.04.010. To satisfy the statute, written memoranda must disclose the subject matter of the contract, the parties, the promise, the terms and conditions, and (in some but not all jurisdictions) the price or consideration. ... This line of authority strongly supports the Court of Appeals finding that "a monthly rental to be negotiated" satisfies the statute of frauds requirement of a written memorandum establishing price or consideration for the lease option.

Section 64.04.010 requires a deed to convey an easement because an easement is an interest in land.

Smith v. King · filed 1980-12-15

A deed is not required to establish the actual location of an easement, but is required to convey an easement, which is an interest in land within the meaning of RCW 64.04.010.

Section 64.04.010 requires an express easement conveyed by grant or reservation to be made in a written deed.

Beebe v. Swerda · filed 1990-07-02

An express conveyance of an easement, by grant or reservation, must be made by written deed. RCW 64.04.010. No particular words are necessary to constitute a grant, and any words which clearly show the intention to give an easement, which is by law grantable, are sufficient to effect that purpose, providing the language is sufficiently definite and certain in its terms.

Section 64.04.010 requires an interest in land, including an easement, to be conveyed by deed.

Berg v. Ting · filed 1993-02-16

An easement is an interest in land subject to the provisions of RCW 64.04.010, which requires that conveyances be accomplished by deed.

Section 64.04.010 requires an express easement granted or reserved in real property to be conveyed by a written deed.

Zunino v. Rajewski · filed 2007-08-21

The statute of frauds requirements are set forth in RCW 64.04.010. An express conveyance of an easement by grant or reservation must be made by written deed. RCW 64.04.010.

Section 64.04.010 requires easements, as interests in land, to be conveyed by a deed complying with the statute of frauds.

Gold Creek North Ltd. Partnership v. Gold Creek Umbrella Ass'n · filed 2008-02-20

Easements are interests in land and therefore must be conveyed by a deed complying with the statute of *201frauds. RCW 64.04.010; Berg v. Ting, 125 Wn.2d 544, 551, 886 P.2d 564 (1995).

Express easements are interests in land and must comply with § 64.04.010’s deed requirement and § 64.04.020’s writing, signature, and acknowledgment requirements.

McPhaden v. Scott · filed 1999-05-07

Easements are interests in land. ... As such, express easements must comply with the statute of frauds, which requires that “[e]very conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed[.]” RCW 64.04.010; Berg v. Ting, 125 Wn.2d 544, 551, 886 P.2d 564 (1995).

Section 64.04.010 requires an easement, as an interest in land, to be conveyed by a deed satisfying the statute of frauds.

Jimmy & Amy Cho, Apps./cross-respondents V. Jeffrey Hemmen, Resps./cross-appellants · filed 2023-01-17

Easements are interests in land and must be conveyed by a deed complying with the statute of frauds.

Section 64.04.010 requires a conveyance of real estate or an interest or encumbrance in real estate to be in a written deed signed by the grantor with the grantor's signature acknowledged.

Arlene Pierini, V Barone · filed 2026-03-16

Every conveyance of real estate and any interest or encumbrance on real estate must be by written deed, signed by the grantor and having the grantor’s signature acknowledged.

Section 64.04.010 applies to agreements to buy and sell real estate and does not bar enforcement of an agreement to procure a lessee.

Erwin v. Cotter Health Centers, Inc. · filed 2006-05-25

Thus the statute of frauds is not a bar under Washington law to enforcing an agreement to procure a lessee.

Section 64.04.010 does not apply to a right of first refusal because the right creates no interest in land and affects only personal rights, rather than conveying an interest in real estate.

Old National Bank v. Arneson · filed 1989-07-13

In Washington no interest in land is created by a right of first refusal; only personal rights are affected. ... These principles apply to the instant case, rendering the real property statute of frauds inapplicable as it requires a conveyance of an interest in real estate.

Section 64.04.010's deed requirement does not bar an oral partnership agreement to develop and resell real estate when the claimed interest is treated as a personalty interest in the partnership rather than a transfer of land between partners.

Duckworth v. Langland · filed 1999-02-16

Duckworth's interest in the eleventh lot is best characterized as a personalty interest in the partnership. In this case, we hold inapplicable the statute of frauds' bar to recovery under oral agreements which require the transfer of an interest in real estate, or which cannot be performed within one year.

Section 64.04.010 treats an agreement to transfer a cooperative housing unit as a transfer of an interest in real property subject to the statute of frauds; without an adequate legal description and sufficient part performance, the agreement is unenforceable.

Firth v. Lu · filed 2000-11-06

We conclude that a transfer of a cooperative housing unit is a transfer of an interest in real property. As such, it is governed by the statute of frauds. This agreement to purchase designates the real estate as "Apartment 2 (626 13th Avenue East)". This is not an adequate legal description sufficiently definite to locate the property without recourse to oral testimony. ... In summary, an agreement to transfer a cooperative unit is subject to the statute of frauds. If it lacks a legal description of the property and there has not been part performance, the agreement is unenforceable.

Section 64.04.010 requires a promise involving a conveyance of real estate to be in writing; the original promissory note and mortgage satisfied the requirement for a promise to pay secured by the property.

Bena v. Schleicher · filed 2017-05-09

Schleichers’ promise to pay Bena $100,000 after five years involves a conveyance of real estate and cannot be completed within a year, and therefore must be in writing. ... Consequently, the writings that constitute the original promissory note and mortgage satisfy both the real estate and contracts statute of frauds.

Section 64.04.010 does not invalidate CC&R amendments adopted through an expressly provided amendment process merely because an affected owner did not sign them.

Gene And Maralee Bouma v. Silverado Community Association · filed 2020-11-23

The other cases relied upon by the Boumas to argue that the 2015 CC&Rs are invalid for failure to satisfy the statute of frauds are similarly inapplicable.

Section 64.04.010 requires conveyances of real estate or interests in it to be by deed; a real-estate agreement that does not sufficiently describe the property is unenforceable.

Kofmehl v. Baseline Lake, LLC · filed 2012-04-12

“Every conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed.” RCW 64.04.010. ... It is the unusually strict but well-settled rule in Washington that to comply with these statutes, real estate subject to a conveyance must be described in sufficient detail that the court is not compelled to resort to extrinsic evidence in order to find out what was in the minds of the contracting parties. ... A purchase and sale agreement that fails to comply with the statute’s requirements is unenforceable.

Section 64.04.010 applies only to actual conveyances of title or interests in real property and agreements creating or evidencing an encumbrance, and it must be narrowly construed.

Harwood v. Wells Fargo Bank, N.A. · filed 2013-05-28

Not every agreement that affects real property is subject to RCW 64.04.010. By its plain language, the statute applies only to (1) actual conveyances of title or interests in real property and (2) agreements that create or evidence an encumbrance of real property. "If an agreement falls into either of these categories, it is enforceable only if executed in the form of a deed. Conversely, if an agreement does not fall within any of these three categories, RCW 64.04.010 does not apply and the agreement may be enforced even if not executed by a deed." Firth v. Hefu Lu, 146 Wn.2d 608, 614-15, 49 P.3d 117 (2002) (citations omitted).

Section 64.04.010 requires an easement grant to describe the burdened property sufficiently to satisfy the statute of frauds; an ambiguous description of the servient estate is insufficient.

Mit D. Tilkov, App/cross-res. v. David L. Duncan And Black Pines, Llc, Res/cross-apps. · filed 2014-07-28

We hold that the express grants of easement in the class members' individual deeds fail because their ambiguous description of the subservient estate does not satisfy the statute of frauds.

For an easement conveyance, the statute of frauds requires a sufficient legal description of the servient estate, but not a precise description of the easement’s location.

Katherine C. Spelman, Res. V. Jesse Lee And Irene Julie Gobeli, Apps. · filed 2023-07-24

But according to well-settled law, the statute of frauds does not mandate that the conveying document describe the easement’s actual location. Instead, the statute of frauds requires that the burdened property, also known as the servient estate, must be described in sufficient legal terms. ... And because the instrument sufficiently describes the servient estate, the Gobelis’ parcel, in legal terms, it satisfies the requirements of the statute of frauds. As in Wilhelm, error in the description of the easement location neither invalidates the easement nor renders it unenforceable.

Section 64.04.010 requires conveyances of real property to comply with the statute of frauds, but it does not bar unjust-enrichment or constructive-trust remedies under the circumstances described.

Jill Rosendahl, V. Justice · filed 2024-02-13

The statute of frauds provides that conveyances of real property must be by deed. RCW 64.04.010. ... Therefore, we conclude that the statute of frauds bars her breach of contract claim. ... We conclude that the statute of frauds does not bar an unjust enrichment claim under these circumstances, where a person has conferred a benefit on someone subject to that person’s contingent oral agreement. ... In other words, Justice’s oral promise – parol evidence – may be used to establish a constructive trust. Therefore, we reject this argument.

Section 64.04.010 requires a sufficient property description in a real property conveyance contract; a challenge fails when the deed of trust’s property description is not disputed.

Big Blue Capital Partners Of Wa,llc, App. V Regional Trustee Services Corp · filed 2018-01-09

RCW 64.04.010 requires that any contract for the conveyance of real property contain a sufficient description of the property, including its lot number, block number, addition, city, county, and state. Big Blue does not challenge the sufficiency of the property description in the deed of trust, and its argument fails.

Section 64.04.010 requires transfers of real property, including gifts, to be made by deed.

Dennis Bale, / Cross v. Robert E. Fletcher, / Cross · filed 2013-02-11

Real property conveyances, including gifts, must be accomplished by deed.

Section 64.04.010 requires conveyances of real property, including gifts, to be made by deed.

Bale v. Allison · filed 2013-02-11

Real property conveyances, including gifts, must be accomplished by deed. RCW 64.04.010; Oman v. Yates, 70 Wn.2d 181, 185-86, 422 P.2d 489 (1967) (gifts in general); Holohan v. Melville, 41 Wn.2d 380, 385, 249 P.2d 777 (1952) (gift of real property).

Section 64.04.010 requires every conveyance of real estate or an interest in it to be made by a deed that satisfies the statutory deed requirements.

In re Betchan · filed 2015-01-29

As set forth in RCW 64.04.010, the transfer of an interest in Washington real property cannot occur absent a deed that complies with the requirements of RCW 64.04.020.

Section 64.04.010 requires a conveyance of real estate or an interest in it to be made by deed, so an oral agreement to convey real property violates the statute of frauds.

Cuzdey v. Landes · filed 2017-04-03

An oral agreement for the sale or transfer of real property violates the statute of frauds. The statue of frauds for real property states: "[e]very conveyance of real estate or any interest therein . . . shall be by deed." RCW 64.04.010. And "[e]very deed shall be in writing, signed by the party bound thereby, and acknowledged." RCW 64.04.020. Because Cuzdey's claim to the property is based on an alleged oral and unwritten agreement with the Landeses, it violates the statute of frauds.

Section 64.04.010 requires real property to be conveyed by deed.

In re: Thomas Raoul Williamson and Judith Aya Williamson · filed 2021-05-10

Likewise, this Court concludes that, under Washington law, debtors may hold a voluntary sale after a sheriff’s levy but before a foreclosure sale for two reasons. First, real property must be conveyed by deed, see Wash. Rev. Code § 64.04.010, and neither the sale order nor the sheriff’s levy constitute a deed. Although the sheriff has authority to grant a sheriff’s deed after the real property has been sold at a foreclosure sale, see Wash. Rev. Code § 6.21.120, neither the sale order nor the levy passes the deed to the sheriff. Therefore, before the foreclosure sale occurred, the property in this case had not been conveyed to any other party by deed.

Section 64.04.010 requires easements and other real-property interests in Washington to be conveyed by a written deed.

Erik Solberg & Megan Solberg v. River Park Estates Property Owners Ass'n · filed 2025-11-10

All real property interests in the state of Washington, including easements, must be conveyed by written deed. RCW 64.04.010, .020; Kesinger, 113 Wn.2d at 325-26. ... A document meets this requirement if it “demonstrate[s] a present intent to grant or reserve an easement” and is signed by the bound party and acknowledged. Zunino v. Rajewski, 140 Wn. App. 215, 222-23, 165 P.3d 57 (2007), overruled by Hanna v. Margitan, 193 Wn. App. 596, 373 P.3d 300 (2016); see also RCW 64.04.020.

Section 64.04.010 requires a grant of real property to be made by a written deed signed by the grantor and acknowledged by an appropriate official.

Thomas Edward Elmer Smith v. Spokane County Sheriff · filed 2026-05-14

In Washington, grants of real property must be by written deed, signed by the grantor, and acknowledged by an appropriate official, such as a notary.

Section 64.04.010 requires an interest in real property, including an easement, to be conveyed by a deed that is written, signed by the bound parties, and acknowledged by an authorized person.

Mountaineers Foundation v. The Mountaineers · filed 2023-02-08

Under Washington law, the conveyance of real property rights, including easements, must be accomplished by deed, in writing, signed by the bound parties, and acknowledged by a person authorized to take acknowledgments of deeds. Bale v. Allison, 173 Wn. App. 435, 445 (2013) (citing RCW 64.04. 010, .020).

A conveyance of an interest in Washington real property requires a deed.

National Bank of Alaska, N.A. v. Erickson (In re Seaway Express Corp.) · filed 1990-08-30

To “perfect” an interest in real property under Washington law, a party must record a deed signed by the grantor. Wash.Rev.Code §§ 64.04.010-.020.

Section 64.04.010's statute of frauds applies to conveyances and contracts creating or evidencing encumbrances on real estate, but a deficient legal description caused by mutual mistake or scrivener's error may be reformed before compliance is tested.

Aaron & Jaime Reinstra v. Glepco, Llc And Greg & Pamela Hinton · filed 2013-07-22

It is well settled that instruments subject to the statute of frauds6 may be reformed where scrivener's error or mutual mistake leads to a deficient description of land. ... Where a legal description of property is inadequate due to scrivener's error or mutual mistake, a document is not tested for compliance with the statute offrauds until it is reformed to reflect the parties' intent. ... Deeds of trust and trustee's deeds are subject to the statute of frauds.

Section 64.04.010's statute-of-frauds requirement does not prevent a court from reforming a deed or deed of trust with a deficient legal description caused by mutual mistake or scrivener’s error; compliance is assessed after reformation.

GLEPCO, LLC v. Reinstra · filed 2013-07-22

It is well settled that instruments subject to the statute of frauds6 may be reformed where scrivener’s error or mutual mistake leads to a deficient description of land. ... Where a legal description of property is inadequate due to scrivener’s error or mutual mistake, a document is not tested for compliance with the statute of frauds until it is reformed to reflect the parties’ intent. ... Deeds of trust and trustee’s deeds are subject to the statute of frauds.

Section 64.04.010 applies to real-property conveyances and encumbrances that must be executed by deed, but not to an agreement that merely promises a future deed of trust and itself neither conveys nor encumbers the property.

Larasco Inc. v. Sr Development · filed 2015-05-11

Washington has a special statute of frauds for real property that requires every real estate conveyance or encumbrance to be executed by deed. ... RCW 64.04.010; Key Design Inc. v. Moser, 138 Wn.2d 875, 881, 983 P.2d 653, 993 P.2d 900 (1999). ... The real estate statute of frauds does not encompass all contracts that refer to real property. ... It applies only to: "(1) actual conveyances of title or interests in real property; and (2) agreements that create or evidence an encumbrance of real property." ... We conclude the real estate statute of frauds does not apply because the Security Addendum did not convey or encumber the Lakemont Building.

Section 64.04.010 requires conveyances of real estate or interests in it, and contracts creating or evidencing encumbrances on real estate, to be by deed.

Duckworth v. Langland · filed 1998-11-23

The statute of frauds applicable to real property states, in relevant part: “Every conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed,”8 and “[ejvery deed shall be in writing, signed by the party bound thereby, and acknowledged by the party before some person authorized by this act to take acknowledgments of deeds.”9 There are no such deeds in the instant case. ... Duckworth’s interest in the eleventh lot is best characterized as a personalty interest in the partnership. In this case, we hold inapplicable the statute of frauds’ bar to recovery under oral agreements which require the transfer of an interest in real estate, or which cannot be performed within one year. Thus, it is irrelevant whether the alleged agreement here required the transfer of land between partners, either originally or as modified.

Section 64.04.010 requires a contract creating or evidencing an encumbrance on real estate to be by deed, and the deed must be written, signed by the party bound, and acknowledged.

Kelly S. Dean, et ux v. Timothy Miller, et ux · filed 2017-06-08

The declaration of covenants satisfies those requirements. ... No violation of the statute of frauds is shown.

Section 64.04.010 requires conveyances of real estate or contracts creating or evidencing an encumbrance on real estate to be by deed.

Gene And Maralee Bouma v. Silverado Community Association · filed 2020-11-09

Under the statute of frauds for real estate, RCW 64.04.010, “[e]very conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by ... deed.” Every deed “shall be in writing, signed by the party bound thereby, and acknowledged.” RCW 64.04.020. ... The other cases relied upon by the Boumas to argue that the 2015 CC&Rs are invalid for failure to satisfy the statute of frauds are similarly inapplicable. They do not cite to any caselaw involving CC&Rs amended by a homeowners’ association following an expressly provided amendment process. This argument is without merit.

Section 64.04.010 requires every conveyance of real estate or an interest in it, and every contract creating or evidencing an encumbrance on real estate, to be by deed.

Katz v. Katz · filed 2022-11-29

The statute of frauds requires that “[e]very conveyance of real estate, or any interest therein, and every contract creating or evidencing any encumbrance upon real estate, shall be by deed.” RCW 64.04.010; Key Design Inc. v. Moser, 983 P.2d 653, 657-58, as amended, 993 P.2d 900 (Wash. 1999). ... Because the parties’ purported agreements in 2016 and 2021 related to conveyances of property—that is, both agreements involved transactions in which an “interest in real property” would be “transferred” or in which the title to that property would “be affected”—the statute of frauds requires that the agreements be in writing and include an adequate legal description of the Property.

Section 64.04.010 requires a conveyance of real estate to be made by deed.

United States v. Stoll · filed 2025-03-05

The Court agrees that the Subject Property was not transferred, in the manner specified in RCW 64.04.010 (stating that a “conveyance of real estate . . . shall be by deed”), to either Stoll or the Director of the Family Defense League, as contemplated in the restated trust agreement. The Subject Property nevertheless belongs to Stoll pursuant to Washington jurisprudence concerning constructive trusts.

Section 64.04.010 requires every conveyance of real estate or an interest in it to be made by deed.

Seth L. Potts, as personal representative of the Estate of Harold R. Potts v. Jack Honkala, et ux · filed 2025-06-10

We hold the 2013 Deed does not satisfy the statute of frauds and that the inclusion of the tax parcel number does not overcome the 2013 Deed’s ambiguity.

Section 64.04.010 requires a conveyance of real estate or an interest in it to be made by deed; the court applied that statute-of-frauds framework to an unsigned ten-year lease.

Put A Bird On It, Llc., D/b/a Arrowfish Concepts V. Seattle Arena Holdings, Llc · filed 2026-03-02

Additionally, as a real estate lease agreement with an initial term of ten years, the Lease Agreement falls under the statute of frauds and must be signed by the party to be charged under the contract to be valid. See CP 273; RCW 19.36.010 (“[e]very agreement that by its terms is not to be performed in one year from the making thereof” must “be in writing, and signed by the party to be charged therewith”); RCW 64.04.010 (“[e]very conveyance of real estate, or any interest therein . . . shall be by deed”). The undisputed record shows the Lease Agreement was never signed by any party and was never fully executed.

Section 64.04.010 requires conveyances of real estate and interests or encumbrances on real estate to be made by a written deed signed by the grantor and acknowledged.

The Estate Of Richard Castle, V Graves · filed 2026-06-16

Every conveyance of real estate and any interest or encumbrance on real estate must be by written deed, signed by the grantor, and have the grantor’s signature acknowledged.

Section 64.04.010 requires conveyances of interests in property to be by a written, signed, properly acknowledged deed, but a defective acknowledgment does not necessarily invalidate the deed against successors or persons with notice.

OneWest Bank, FSB v. Erickson · filed 2016-02-04

RCW 64.04.010 requires that conveyances of an interest in property must be by deed. Deeds must be in writing, signed, and properly acknowledged. ... But even if the notary were required to explicitly state that Bruna appeared before him, the deficient acknowledgment does not necessarily render the deed of trust invalid. ... The few cases addressing the validity of a defectively acknowledged deed as to parties who are not the original grantor or grantee find the deed is still valid against the grantor’s successors and those with notice of the deed. ... In addition, Erickson had record notice based on RCW 65.08.030, which states that an improperly acknowledged deed that is recorded12 “shall impart the same notice to third persons” as if it were properly acknowledged.

Section 64.04.010's deed requirement does not displace Washington's common-grantor boundary doctrine.

Pendergrast v. Matichuk · filed 2016-09-15

Matichuk seems to suggest the common grantor doctrine is inconsistent with RCW 64.04.010, which states that "[e]very conveyance of real estate ... shall be by deed." See Pet'r's Suppl. Br. at 1. But the common grantor doctrine has been recognized in this state since at least 1910 without the legislature indicating disapproval. See Turner, 58 Wash. at 443. This court will not overturn precedent without either "a clear showing that an established rule is incorrect and harmful," In re Rights to Waters of Stranger Creek, 77 Wn.2d 649, 653, 466 P.2d 508 (1970), or a clear showing that the legal underpinnings of the precedent have been eroded, W.G. Clark Constr. Co. v. Pac. Nw. Reg'! Council of Carpenters, 180 Wn.2d 54, 66,322 P.3d 1207 (2014) (citing United States v. Gaudin, 515 U.S. 506, 521, 115 S. Ct. 2310, 132 L. Ed. 2d 444 (1995)). Neither showing has been made here.

Section 64.04.010 requires an interest in land, including an easement, to be conveyed by a deed that satisfies the statute of frauds.

Wesley R. Hannigan, V Vit And Zdenka Novak · filed 2016-12-20

Easements are interests in land and therefore must be conveyed by a deed complying with the statute of frauds. RCW 64.04.010; Gold Creek N. Ltd. P’ship v. Gold Creek Umbrella Ass’n, 143 Wn. App. 191, 200-01, 177 P.3d 201 (2008). ... Here, the necessary elements to create an easement were present. Novak’s real estate contract was in writing, signed by him, and acknowledged. ... Accordingly, we hold that the trial court did not err in finding that Novak’s property was subject to a 20-foot easement.

Section 64.04.010's deed requirement does not apply to an assignment of a mortgage or deed of trust because the assignment transfers a security interest rather than real estate or an interest in real estate.

Lopez v. JPMorgan Chase & Co · filed 2017-04-18

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." Over a century ago, interpreting nearly identical language, the Washington Supreme Court held that an assignment of a mortgage is not subject to this requirement: ... The FDIC's assignment did not have to be by deed.

Section 64.04.010 requires conveyances of real estate or interests in real estate to be by deed, but it does not bar an oral partnership agreement to develop and resell land when the partner's interest is treated as personalty rather than a direct transfer of land.

Duckworth v. Langland · filed 1998-11-23

Duckworth’s interest in the eleventh lot is best characterized as a personalty interest in the partnership. In this case, we hold inapplicable the statute of frauds’ bar to recovery under oral agreements which require the transfer of an interest in real estate, or which cannot be performed within one year. Thus, it is irrelevant whether the alleged agreement here required the transfer of land between partners, either originally or as modified.