[WSBARP] Adverse Possession

Thu Aug 21 13:18:39 PDT 2014

Interesting discussions on quieting title.

Slightly related issue that I am dealing with:  adverse possession claim.

As a possible resolution to the claim the parties have asked about the use
of an easement to “preserve the status quo”.  In this case the easement
would be to preserve a strip of vegetation that serves as a privacy
barrier along/near the property line.

Does anyone have a copy of such an easement (willing to share?) or know of
one that is of record that effectively deals with issues such as
maintenance (trimming, pruning, etc.), replacement of vegetation (trees,
shrubs, etc.), etc.?  Thanks.

Ron Housh

Effective September 1, 2014 the Mount Vernon office telephone number will
be 206-235-2459.

I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE
MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY 

Ronald G. Housh, P.S.

Attorney at Law

Seattle Office:

1420 Fifth Avenue, Suite 3000

Seattle, WA 98101-2393

Phone:   206-381-1341

Fax:        206-464-0461

Email:     <mailto:ron at housh.org> ron at housh.org

Mount Vernon Office:

21411 Bluejay Place

Mount Vernon, WA 98274

Phone:  360-445-3327

Email:    <mailto:ron at housh.org> ron at housh.org

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Tom J. Westbrook
Sent: Thursday, August 21, 2014 11:58 AM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Quieting title to 5" strip from 1897

A couple of short thoughts. Who's been paying real estate taxes?  I would
get a litigation guarantee. 

Regards, 

Tom Westbrook

Sent from my Verizon Wireless 4G LTE smartphone

-------- Original message --------

From: swhite8893 at aol.com 

Date:08/20/2014 2:34 PM (GMT-08:00) 

To: wsbarp at lists.wsbarppt.com 

Subject: Re: [WSBARP] Quieting title to 5" strip from 1897 

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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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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the following in the body of the message: unsubscribe wsbarp - OR - send a
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wsbarp list. 

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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