Category Archives: DC Recorder of Deeds
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February Real Estate Update | Gan v. Van Buren Street Methodist Church
On February 13, 2020, the District of Columbia Court of Appeals issued an opinion which expressly declined to follow a troubling earlier decision regarding tacking in the context of adverse possession. The decision is significant because the Court clarified the confusing and contradictory prior decision, which muddied the adverse possession waters in Washington, D.C. In Gan v. Van Buren Street Methodist ... Read More
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Settlement Considerations on Acquisitions of DC Commercial Property – Plan Early and Keep Lines of Communication Open Between Settlement Company and Lender
The settlement process on commercial transactions and, more particularly, the completion of the FP7/C (Real Property Recordation and Transfer Tax Form) is markedly different than residential transactions. One particular pitfall has recently come to light that has plagued and delayed some transactions and has resulted in more money being due for recordation taxes than the buyer or lender had anticipated ... Read More
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D.C. Court of Appeals Affirms Establishment of a Public Easement by Prescription Against a Tax Sale Purchaser Who Tried to Close Off an Alleyway
In Zere v. District of Columbia, the D.C. Court of Appeals restated the elements for a prescriptive easement in the District, with a particular focus on the element of adversity, by affirming a grant of summary judgment. Mr. Zere, an experienced tax sale purchaser, separately acquired five of six lots that formed a private alley. Mr. Zere then attempted to ... Read More
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Revocable Trusts and Real Property in Washington, D.C.
When thinking about transferring a Washington, D.C. real property into a revocable trust, there are several considerations to take into account. Beginning Steps: To ensure the transfer occurs properly, a deed has to be recorded. A transfer is usually exempt from transfer and recordation taxes, provided that the trust is revocable and that the grantor remains the beneficiary. Deductions: In most circumstances, the property ... Read More
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Consider Carefully The New Certification Required Under The Revised D.C. FP7
The D.C. Recorder of Deeds announced today that it has revised the Real Property Recordation and Transfer Tax Form FP 7/C (herein “FP7C”). The purpose of this revision was to “contain a self-certification of compliance with tax payment, per DC Code § 42-407(2).” That statute, reprinted below, says that D.C. shall not record if any Transfer ... Read More