Citizens’ Alliance for Property Rights advocates and works for you and your property rights year ‘round by focusing on local and statewide issues that impact your rights. Your membership and contributions make you vital partners in our mission.
Please consider continuing to support CAPR, CAPR relies entirely on the contributions of members, friends, and supporters! The impact you make can be measured in the valuable defense of and recognition of the importance of property rights with our elected representatives and senators, and local elected commissioners and councilmen as they experience CAPR’s organized and member driven impact on decisions they make legislatively.
Current News in this email
Torrens, What Is It and How Does It Protect Your Property?
Torrens title is a system of registration of land titles by District Court Order resulting in the creation of a Certificate of Title with all subsequent transactions affecting the property noted upon the certificate. The Certificate of Title is conclusive as to the state of title. In Washington State the Torrens Act is codified under RCW 65.12 https://app.leg.wa.gov/rcw/default.aspx?cite=65.12 but has been largely forgotten because of electronic filing systems.
In 2017, Representatives Fey, Muri, sponsored HB 2204 http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/House%20Bills/2204.pdf and Representatives Fey, Muri, Kilduff, and Jinkins sponsored HB 2315 http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/House%20Bills/2315.pdf bills which would have repealed the Torrens Act in Washington State, thus depriving Washington State property owners of this important protection that registers your land.
It is a good thing a few legislators understood the importance of Torrens and the bills did not pass that session. As your lobbyist I worked to stress the importance of Torrens to legislators in session. It is, as always, important to monitor the legislature yearly to be sure defeated bills do not surface in subsequent sessions. To date, I see no bill related to repealing the Torrens Act for the coming session. The bills were pushed and favored by the Washington State Association of County Auditors. Electronic filing of titles is easier but does not afford the protections the Torrens Act does.
The Torrens system of registration protects your property rights in these ways.
Mirror principle – the register reflects (mirrors) accurately and completely the current facts about title to each registered piece of land. This means that each action affecting a piece of land (such as a transfer of title, a mortgage or discharge of same, a lease, an easement or a covenant) must be entered on the register and be view-able by anyone.
Curtain principle – you do not need title searches as the issued Certificate of Title contains all the information about the title. This means that ownership or encumbrances need not be proved by long complicated searches for recorded or filed documents that are kept by the owner, or recorded in the county auditor’s records, or filed with the county clerks. All the necessary information regarding ownership is on the Certificate of Title.
Indemnity principle – this provides for compensation of loss caused by private fraud or by errors made by the Registrar of Titles.
On December 5th CAPR King County held a joint meeting with the South King County Patriots to host Micah Anderson of the Stafne Law Advocacy and Consulting Firm so he could provide an in-depth discussion on Torrens. The discussion was lively and well received as many in attendance were curious about the Torrens Act, its history in Washington State, and how it can provide protections to their properties. Here is a link to the Stafne Law Advocacy and Consulting Firm’s webpage discussion Torrens: https://stafnelaw.com/torrens-act/
In other news,
CAPR is gearing up and preparing for the upcoming Session, we will have the legislative bill rating page up and running to help CAPR members sort through proposed legislation that may impact property rights with ratings from poor through outstanding.
Also, as CAPR lobbyist I will attend session in Olympia with the intention of fulfilling the CAPR mission of advocating for property rights by informing legislators and bureaucrats how proposed bills will impact property rights. I will keep CAPR members informed on the progress of bills throughout session. Advocacy and action alerts will be fast paced as we have a 60-day session scheduled in Olympia this year. What can be expected are bills related to education, carbon or green deal bills (taxation), gun control legislation, water rights legislation, transportation funding battles, and the ongoing battle CAPR has championed regarding the administrative state (regulatory and rule-making issues).
The first week of session promises to be lively with many groups of citizen advocates planning to rally at the capitol. CAPR will take part on January 15 when several liberty minded organizations plan to rally beginning at noon. I will be there and will wait for CAPR members to join me, look for me there! More info to come before session starts.
A huge conflict and a railroading of Representative Matt Shea is happening at this writing. This is alarming in that the process used to suspend him has been less than factual and quite sensationalized. A poorly done and one-sided investigative report was done on Representative Shea purportedly at a cost of $100,000. Representative Shea has rightly refused to resign under this pressure.
CAPR has read and analyzed the report and finds it to be flawed in that it not only inaccurately and inappropriately labels and maligns Representative Shea, but also does the same to citizens and organizations mentioned in the report. The conclusions in the report should be disregarded by the legislature, and those maligned in the report should receive formal apology for their treatment in the report. There is a distinct and definite difference between Domestic Terrorism and “Wrong Think” or the Patriotism of Legislators and citizens.
You can review CAPR’s take on the report on the CAPR website here: https://proprights.org/blog/representative-matt-shea-suspended-house-citizens-maligned-report-rampart-group where links to the report are available.
CAPR has understood Representative Shea to be an outstanding and well versed advocate and protector of property rights in his tenure at the legislature, and in fact he was a recipient of a CAPR Legislature of the Year Award last session in recognition of his steadfast defense of the property rights of every citizen in Washington State.
Thank you all for your support of CAPR in all we work to accomplish!
CAPR’s lobbyist supports and promotes contact with elected legislators from members, acts as a coordinated voice daily during session in Olympia in the legislative process for all members by testifying before committees regarding proposed legislation, working directly with legislators from both sides of the aisle and tracking the daily progress of legislation important to property rights. Outside of the session our lobbyist works with legislators to write or sponsor CAPR bills to the legislature. The lobbyist also advocates for property rights as a stakeholder in agency rulemaking forcing the recognition of regulatory action on property owners’ rights while working to rein in regulatory over-reach. CAPR’s lobbyist prepares and submits official comments on proposed rules both federal and state to provide insight to agencies and standing for CAPR.
CAPR has proprietary software which rates political candidates on a variety of criteria important to property rights. The ratings provide voters with guidance in their election decisions. Our legislation rating page works much in the same way, rating and tracking bills throughout the session so legislation can be rated, misleading bill titles can become transparent, and action by voters and constituents can be easily facilitated.
CAPR Legal Fund handles the legal defense of our property rights and educational events for citizens, politicians and bureaucrats. We emphasize educational outreach including speeches and presentations, printed literature, guest editorials, conferences and more. Legal actions taken include direct litigation of important issues as well as support of outside property rights cases usually in the form of amicus curiae briefs to the courts including the U.S. Supreme Court.
Your contributions also fund events that bring together property rights activists from our chapters throughout the state to network with one another and listen to and learn from expert speakers on issues that impact our property rights such as “climate change”, code enforcement, taxation, water rights, land use, the commoditization of our resources, and the forcing of apex predators and elk on our properties. You can help fund expert speakers for these events that arm us with facts and help inform our activism throughout the year.
Please help CAPR continue to fight for property rights with you and include CAPR in your year end giving!
Those who expect to reap the blessings of freedom, must, like men, undergo the fatigue of supporting it. Thomas Paine
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With Best Regards, In Liberty,
Citizens' Alliance for Property Rights