[WSBAPT] condo question

Wed Feb 4 09:54:45 PST 2015

I believe the consensus is correct, and is what I have found over the hundreds of deeds where I have prepared, facilitated execution, or recorded over the years. If the full legal cannot fit on the first page along with the other required elements (grantor, conveyance language, grantee, tax parcel number and reference number of related or released documents) then an abbreviated legal is required.
See the LPO form for a SWD (link below):
http://www.wsba.org/~/media/Files/Licensing_Lawyer%20Conduct/LPO/LPO%20Forms%20PDF/10-05_i_%20SWD.ashx

Heather

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of James Spencer
Sent: Wednesday, February 04, 2015 9:04 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] condo question

Spencer, et. al:

Very interesting. The statute does pretty clearly say that there must be an abbreviated legal description of the property on the first page, but then when giving the form at the end of the RCW, references “Legal Description”.

I am not afraid to admit that I NEVER use abbreviated legal descriptions and only ever use the full legal description, always on the first page. I’ve never had a deed rejected by any county auditor (at least, not for that reason ☺). I’d say that seeing an abbreviated legal description on the deed is a very rare exception for the deeds that cross my desk.

Is this something that we’re all doing incorrectly???

Sincerely,
James

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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Spencer Stromberg
Sent: Tuesday, February 03, 2015 5:55 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] condo question

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.  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
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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

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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

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