[WSBARP] Quieting title to 5" strip from 1897

Gregory L. Ursich gursich at insleebest.com
Wed Aug 20 14:32:47 PDT 2014


Anne: I do these type of quiet title actions all of the time. Generally,
you need to file suit against “the unknown heirs of John Smith” and then
hire a private investigator to locate (or not locate any potential heirs),
and then serve by publication. You would also best be served by getting a
Litigation Guarantee to make sure you are suing the correct parties. Once
the service by publication time has run (60days), then you can get an
order of default and enter a default judgment quieting title in the
current owner/plaintiff. Call me if you have any questions. –Greg Ursich

 

 

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Anne DeVoe Lawler
Sent: Wednesday, August 20, 2014 2:00 PM
To: 'wsbarp at lists.wsbarppt.com'
Subject: [WSBARP] Quieting title to 5" strip from 1897

 

Listmates:  Over 100 years ago, a conveyance of property (then farm land;
now zoned commercial) omitted a 5-foot strip along one side.  The strip is
not included in anyone else’s deed, and thus was, at least technically and
by mistake, retained by the seller in 1897.  However, it likely has been
used by the previous owners as part of their parcel. The missing strip was
discovered through a survey.

 

Current owners of the adjacent parcel need to quiet title to the strip.
Thoughts on (1) whether we need to sue all known and unknown heirs of the
seller from 100 years ago, and (2) what has anyone done to conduct
“reasonable diligence” to find unknown heirs? 

 

Any thoughts would be appreciated. Thanks.

 

 

 

Anne DeVoe Lawler 
Jameson Babbitt Stites & Lombard PLLC 
801 Second Avenue, Suite 1000 
Seattle, WA 98104 
206-292-1994 
206-516-3204(direct dial) 

206-719-7687(cell)

206-292-1995(fax)

 

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