[WSBAPT] condo question

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
>
>     phone 206-625-0092 <tel:206-625-0092>
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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
>
>     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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