[WSBARP] Quieting title to 5" strip from 1897

[swhite8893 at aol.com]

Anne,
     I have seen this on a few occasions. 
     On one, it was a defunct corporation from 60 years ago and we,
remarkably, found successors to about two thirds of the interest.
     In another, very similar to yours, we talked to anyone who might make
use of it to make sure there would be no competing claims, and got quit
claim deeds.
     In both cases, we then filed suit against the unknown heirs and got a
court decree quieting title. The client was then instructed to make sure
they paid the taxes on it. The likelihood of anyone coming forward, ever,
is minimal. The court order will likely satisfy a title company (the
property in my second example just sold, now several years later, and no
title issue). At the very worst, the decree gives color of title and so
after seven years, any potential issue is foreclosed.
     There are two additional thoughts. First, when you submit your
request for publication, you have to execute an affidavit showing due
diligence. So you do have to make some effort and be candid with the
court. Second, if your client sells within the seven years, and is giving
a warranty deed, as per usual, the five feet should be excluded from the
warranty. Mere disclosure is insufficient. A real estate agent will not
catch that.
 
Steve
 
Stephen Whitehouse
Whitehouse & Nichols, LLP
Attorneys at Law
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com
 
 
-----Original Message-----
From: Anne DeVoe Lawler <alawler at jbsl.com>
To: 'wsbarp at lists.wsbarppt.com' <wsbarp at lists.wsbarppt.com>
Sent: Wed, Aug 20, 2014 2:01 pm
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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As with all lists - let the reader beware! No warranties or
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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
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