[WSBARP] Quieting title to 5" strip from 1897
Anne DeVoe Lawler
alawler at jbsl.com
Wed Aug 20 16:03:48 PDT 2014
Thanks to all who have responded. Your input has been very useful. My
partner Matt Adamson may be in contact with you.
Anne DeVoe Lawler
Jameson Babbitt Stites & Lombard PLLC
801 Second Avenue, Suite 1000
Seattle, WA 98104
206-516-3204(direct dial)
206-719-7687(cell)
206-292-1995(fax)
From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Robert S Schuck
Sent: Wednesday, August 20, 2014 2:46 PM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Quieting title to 5" strip from 1897
Probably not the case here, but one addition item to check is to see if
the county attached a new tax number to it and foreclosed for nonpayment
of real estate tax. This happened on a city lot which divided and the
legal description in the deed didn’t transfer all the property, leaving
out a small slice over 50 years ago. They just sit on these small lots,
it was only located when a request for a building permit was filed. Cannot
adversely possess against the county. But you can buy it from the county.
Robert S. Schuck
Kennedy,Schuck & Miller, PLLC
1520 140th NE, Suite 200
Bellevue, WA 98005
(425)451-3760 (telephone)
(425)451-3878 (facsimile)
rsschuck at ksmlawfirm.com
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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Gregory L. Ursich
Sent: Wednesday, August 20, 2014 2:33 PM
To: 'wsbarp at lists.wsbarppt.com'
Subject: RE: [WSBARP] Quieting title to 5" strip from 1897
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
Gregory L. Ursich | Shareholder
I N S L E E B E S T D O E Z I E & R Y D E R, P.S.
10900 NE 4th Street, Suite 1500, Bellevue, WA 98004 | P.O. Box 90016 |
Bellevue, WA 98009-9016
Tel + 425.450.4258 | Fax + 425.635.7720 |
<http://www.insleebest.com/> www.insleebest.com
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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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