[WSBAPT] condo question
Richard Wills
richardwills at washington-probate.com
Wed Feb 4 09:06:56 PST 2015
On 2/3/2015 5:54 PM, Spencer Stromberg wrote:
> I'm sorry to be a contrarian, but I believe the abbreviated legal
> description is required regardless of whether the full legal is on the
> first page or not.
*This has not been my experience. In the caption, where the "summary
legal description" is usually placed, I have always simply copied the
full legal description from the body of the Deed, & I have never had
such a Deed denied recordation on that basis in a wide variety of
counties in WA.** Mind you, I'm not saying that one can omit a legal
description in the caption --- only that the legal description need not
be the summary or abbreviated description --- the full description will
suffice (& that providing it eliminates the risk of providing an
erroneous summary description where the full description on the Deed is
correct).*
> RCW 65.04.045(1)(f) requires that the deed include on the first
> page: "An abbreviated legal description of the property, and for
> purposes of this subsection, “abbreviated legal description of the
> property” means lot, block, plat, or section, township, range, and
> quarter/quarter section, and reference to the document page number
> where the full legal description is included, if applicable;"
>
> In my experience, the abbreviated legal for a condo unit would be
> "Unit X of ABC Condominium." At least the Spokane and Franklin County
> recorders have been happy with that format.
>
> The full legal should be something like: "Unit X of ABC Condominium,
> according to Condominium Survey Map and Plans, ___________ County
> Auditor’s File No. _____________, and according to that Condominium
> Declaration recorded under ___________ County Auditor’s File No.
> ____________, both recorded on Month Day, Year, ___________ County,
> State of Washington."
>
> The mention of percentage interests in the common elements or of
> assigned limited common elements are optional for Condominium Act
> condo units (post 7/1/90) and required, together with a statement of
> the intended use of the unit, for Horizontal Property Regimes Act
> units, per RCW 64.32.120.
>
> As others have stated, I am confused by the need to add the unit
> number to the legal description. I wonder if there wasn't a
> scrivener's error in the original deed?
>
>
> Spencer A. W. Stromberg
> Sullivan Stromberg, PLLC
> 827 W. 1st Avenue, Suite 425
> Spokane, WA 99201-3914
> P: 509.413.1004 ext. 101
> D: 509.828.4644
> F: 509.413.1078
> E: spencers at sullivanstromberg.com <mailto:spencers at sullivanstromberg.com>
>
> www.sullivanstromberg.com <http://www.sullivanstromberg.com>
>
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> On Tue, Feb 3, 2015 at 4:21 PM, Eric Nelsen <Eric at sayrelawoffices.com
> <mailto:Eric at sayrelawoffices.com>> wrote:
>
> Abbreviated legal isn't required to make the deed effective but
> the County Recorder might refuse to record, if the full legal
> isn't on page one of the deed. First page either needs the full
> legal, or an abbreviated legal with a reference to the page with
> the full legal.
>
> I am a little concerned that the "full legal" from a prior deed
> didn't include the unit number already. That makes me wonder what
> is going on there. A condo legal description also typically
> mentions percentage interest in common elements and might also
> mention a separate parking space and/or storage unit. Obviously I
> can't tell from this vantage point.
>
> Sincerely,
>
> Eric
>
> Eric C. Nelsen
>
> SAYRE LAW OFFICES, PLLC
>
> 1320 University St
>
> Seattle WA 98101-2837
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> *From:*wsbapt-owner at lists.wsbarppt.com
> <mailto:wsbapt-owner at lists.wsbarppt.com>
> [mailto:wsbapt-owner at lists.wsbarppt.com
> <mailto:wsbapt-owner at lists.wsbarppt.com>] *On Behalf Of *Martin Silver
> *Sent:* Tuesday, February 03, 2015 4:05 PM
> *To:* WSBA RPPT Probate & Trust Discussion Forum
> *Subject:* [WSBAPT] condo question
>
> Folks,
>
> I was asked a reet question by a family where father wants to
> quitclaim his share of a condo to his son. I answered the
> question but I think they wanted to do their own deed and I did
> not want to take on the work for a few dollars. I gave him a form
> of qcd and based on my perusal of the deed that had granted title
> to the two of them I told them to use the same legal, which
> differed from all I could l see in inserting the unit number “unit
> 415” at the front of the full legal. The deed was a pretty thing
> with a caption and in the caption it also suggested an
> abbreviation for the legal, which seemed to me inessential to
> validity. Anyone heartily disagree and I will let them know that
> perhaps they should consult a real lawyer.
>
> MARTIN SILVER, LLM TAXATION, NYU
> ATTORNEY AT LAW
>
> 1420 - Fifth Avenue, Suite 3000
> Seattle, Washington 98101
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> Tel: (206) 224-3461 <tel:%28206%29%20224-3461>
> Fax: (206) 224-3459 <tel:%28206%29%20224-3459>
>
> Web: http://silvertaxlaw.com
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