[WSBAPT] REET to List encumbrances?

[Eric Nelsen]

I'm not a title guy but I completely agree with Paul that the REETA legal description needs only to describe the actual boundaries of the dirt, for the reason he mentions: The REETA is not a conveyance document but rather is a declaration (under penalty of perjury) notifying the government that property is being transferred, and making sure the tax is paid or the transaction exempted. Encumbrances on the property are not relevant and do not need to be listed.

I might include in the legal description an easement that benefits the parcel, like a driveway easement running across other land, but I think that's probably unnecessary given that the assessor's tax determination doesn't really care much about anything other than the boundaries of the parcel itself.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Monday, July 23, 2018 8:37 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] REET to List encumbrances?

Why?  I hope some of the title guys weigh in here.  The REETA is not a document of conveyance but is used by the Treasurer’s office to determine taxes.  I would hate to have our industry get into a bind because a deed drafter put everything into the deed but didn’t list the liens on the REETA.  It is my understanding that title companies will insure title based on a valid and properly drafted deed of conveyance, not on the REETA.


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From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of John J. Sullivan
Sent: Monday, July 23, 2018 8:19 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] REET to List encumbrances?

Brent:

I would probably try adding the phrase “Subject to liens, encumbrances, etc. of record.”

Regards,
John J. Sullivan
Sent from my iPad

On Jul 23, 2018, at 8:16 AM, Brent Williams-Ruth <brent at bwrconsults.com<mailto:brent at bwrconsults.com>> wrote:
I am doing a property transfer for a parcel that has 22 individual filings re: encumbrances (like HOA and utility access etc) does that List also need to be attached to the REET? Or simply just the actual legal description for the property?

I’m leaning toward the latter but can’t find either WAC or RCW that is giving me satisfaction.

Thank you!
Brent Williams-Ruth
Founding Member
BWR Consulting, PLLC
Phone: (425) 830-5134
e-mail: brent at bwrconsults.com<mailto:brent at bwrconsults.com> / website: www.bwrconsults.com<https://nam01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.bwrconsults.com&data=02%7C01%7C%7Cf35d5306264742ddf2ab08d5f0b0ee93%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C636679565068164790&sdata=1Kbq62jN2MaGWRmr%2BdyJ0w4Q0D3enmN4mFF8kmm2H2g%3D&reserved=0>
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