[WSBARP] quiet title action against ????

Tue May 13 11:32:22 PDT 2014

If your client does have an interest in the property, and you can find
none of the original owners or heirs, perhaps in the caption name as
defendants "all persons or parties unknown claiming any right, title,
estate, lien, or interest in the real estate described in the complaint
herein;" describe the circumstances and refer to the defendants, in the
body of the complaint, as the same; and then serve by publication. Costs
and delay with publication but may be necessary. 

CR 10(a)(3) Unknown Heirs. 

...  In any action brought to determine any adverse claim, estate, lien,
or interest in real property, or to quiet title to real property, unknown
parties shall be designated as “also all other persons or parties unknown
claiming any right, title, estate, lien, or interest in the real estate
described in the complaint herein.”

RCW 4.28.100 allows service by publication based on the circumstances;
where the defendant is "all other persons or parties unknown, etc.," this
should apply, and under this publication statute, no pre-publication order
is required. 

Rob

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Craig Blackmon
Sent: Tuesday, May 13, 2014 10:44 AM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] quiet title action against ????

Joshua, I’d talk to a title researcher.  I can give you a name if you’d
like.  I think you simply need to do the research to find the last vested
owner.  Somebody owned the entire tract that was “short platted” and that
person likely still owns the street.  I had a similar case several years
ago and once you find the owner you can trace the ownership forward via
probates, laws of intestacy, etc.  It is fact-intensive research, but
doable.    Note that you may be able to secure ownership via quit claim
deeds from the devisees and you may not need a lawsuit.

Craig

Craig Blackmon

Of Counsel Attorney at Law

Holmquist  <http://lawhg.net/> & Gardiner, PLLC

1000 2nd Avenue, Suite 1770 Seattle, WA  98104

Main: (206) 438-9083   Direct:  (206) 438-9295 <tel:%28206%29%20694-4601>
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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Josh Grant
Sent: Tuesday, May 13, 2014 10:33 AM
To: wsbar real property
Subject: [WSBARP] quiet title action against ????

I have a client who owns land bordering a platted street and he wants
title to 1/2 of the street.  This is interesting because the plat was
never recorded.  All of the deeds etc in this whole plat have been by
meets and bounds descriptions, followed by "commonly known as lot 1... of
unrecorded plat".  I discussed at length with the local title company who
finally said "we can't find anyone of title on this 7 1/2 foot wide strip
of land".  The county doesn't show anyone is an owner, doesn't tax it, it
has no parcel number.  The title examiner said that there are no title
companies in the county that has a plant that goes back far enough to find
some ancient owner.  The title examiner said he has gone over this with
the county assessor and they have no records showing any previous owner
either.  The examiner said he would sign a declaration that there is no
record owner.

Given the above, I am unclear as who the defendant in the quiet title
action should be.  The title examiner said that if we list "members of the
public" and get a decree quieting title that he thought it would be
insurable (but that isn't binding on anyone).  The neighbor, according to
the title company has no interest in this property (they apparently got a
deed to the other half of the unrecorded but platted street).  "members of
the public" and "anyone claiming title" are the only defendant(s) I have
thought of.

Any ideas on who to list? from the list?

thanks

Joshua F. Grant
Attorney at Law
P.O. Box 619
Wilbur, WA 99185

t 509 647 5578
f 509 647 2734

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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
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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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