STATE LAND LAWS 87 



IMPROVER'S RIGHT. SEC. 92 



or corporation claiming by, through or under such purchaser, 

 to the extent of the tract or right so conveyed. (Laws '97, p. 

 252, sec. 46; sec. 6754 Rem.-Bal. ; 477 sec. 141 Pierce.) 



Former Laws: Laws '89-'90, p. 435, sec. 12; Laws '95, p. 552, sec. 59. 



Cited : 21 Wash. 493 ; 54 Wash. 601 ; 58 Wash. 94 ; 60 Wash. 502 ; 65 

 Wash. 219. 



When the upland owner conveys the upland, together with all the appur- 

 tenances, etc., thereunto belonging, he thereby conveys whatever prior right he 

 might have had to purchase the tide lands, and a subsequent sale of the land 

 to another conveys no right to the purchaser over the prior grantee : Seattle & 

 Montana Ry. Co. v. Carraher, 21 Wash. 491. 



The preference right to purchase is severed, and passes to the purchaser of 

 shore land lots which have been included in a plat of the uplands and sold 

 before the adjoining uplands : Shorett v. Signor, 58 Wash. 89. But not if sold 

 after such uplands : Seattle & M. R. Co. v. Carraher, 21 Wash. 491. 



A contract for the sale of uplands and the deposit of a deed in escrow 

 do not constitute an assignment of the preference right of the owner of the 

 legal title to purchase the abutting tide lands : Booh v. Thomas, 61 Wash. 607. 



A claim of preference right is property which is capable of assignment and 

 descent : Hotchkin v. Bussell, 46 Wash. 7. 



Conveyances between spouses sustained : Shorett v. Signor, 58 Wash. 89. 



See note to preceding section, "Persons Entitled." 



SEC. 92. PREFERENCE RIGHT TO I MPROVERS APPLICATION. 

 If valuable improvements and in actual use prior to March 26, 

 1890, for commerce, trade, residence or business have been made 

 upon said tide or shore lands by any person, association or 

 corporation, the owners of such improvements shall have the ex- 

 clusive right to apply for the purchase of the land so approved 

 [improved] for the period aforesaid. (Laws '97, p. 250, sec. 

 45 ; sec. 6750 Rem.-Bal. ; 477 sec. 139 Pierce.) 



Former Laws: Laws '89-'90, p. 435, sec. 11; Laws '95, p. 552, sees. 

 58, 61, 62. 



NOTE: See note to sec. 90, supra, to which section this is a proviso. 

 Except as an aid to construction, the following additional proviso is 

 considered obsolete: Provided, That the owners of such improvements 

 shall have the right in all cases to purchase, in addition to the tide 

 lands covered by such improvements, unoccupied and unimproved tide 

 lands adjoining such improvements sufficient for the necessary and 

 convenient use and enjoyment of such improvements, and the right of 

 the owner of such improvements to purchase such adjoining, un- 

 occupied and unimproved tide lands as may be requisite and necessary 

 for the proper and convenient use of such improvements and business 

 shall be prior and superior to that of the upland owner or others 

 claiming under, by or through such upland owner, except in cases 

 where, prior to the passage of this act, a contract for the sale of such 

 unimproved tide land has been actually made by the State Land Com- 



