[WSBARP] quiet title action against ????

Tue May 13 10:44:13 PDT 2014

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

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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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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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