State Regulatory Developments

Washington Repeals Torrens Real Property Registration System

Washington recently enacted a bill that repeals the Torrens Registration System for land registration and creates a multi-step process for removing registered property from that system and placing it in the State’s standard recording system.  By December 1, 2022, the registrar of titles for each county must send to each owner of registered real property in that county a notice stating that: (1) the Registration System has been discontinued, (2) the owner’s property will cease to be subject to registration on July 1, 2023, (3) the owner may, at no charge, withdraw his or her registration, (4) the validity and priority of lien interest and ownership will not be affected by this process, and (5) the county registrar of titles, upon completing the required withdrawal procedures, will cause the property title and all related instruments filed with the registrar of titles to be properly restored to the State’s standard recording system.

By July 1, 2023, an owner of registered real property may surrender their duplicate or certified copy of title for the related real property.  Such surrender will be considered a withdrawal and will be accepted by the registrar of titles free of any charge to the registered owner.  The registrar of titles will then issue the owner a certificate of withdrawal and cause the property title and all related instruments filed with the registrar of titles to be properly recorded.

On July 1, 2023, the registrar of titles will cause the county volumes of registration and the accompanying alphabetical and tract indices to be closed and placed in the county’s permanent deed records.  Any properties still in the Registration System at this time will be automatically withdrawn, the owner will be issued a certificate of withdrawal, and the property will be properly recorded.

The bill does not affect any right accrued or established, or any liability or penalty incurred, through the Registration System before it was repealed.