[WSBARP] Quieting title to 5" strip from 1897

[Eric Nelsen]

I'd get a litigation guarantee from a title company and let them decide
who needs to be named as defendants. But I'd definitely do the "all other
unknown persons" process as well, under RCW 4.28.150
<http://app.leg.wa.gov/rcw/default.aspx?cite=4.28.150> .

 

On reasonable diligence--My position on that generally is that the title
company's search to create the litigation guarantee is more effective as
due diligence than anything I could do. If their trail of heirs runs out
decades before, then it's just not practical to try to trace down all
possible branches of the family through multiple generations. But to
include them, I'd name as defendants "The unknown heirs of X and the
unknown heirs of Y," with X and Y (and maybe Z and some others, too) being
the last named people in the chain of inheritance that the title company
figures out.

 

Sincerely,

 

Eric

 

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

 

 

 

 

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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