[WSBARP] quiet title action against ????

[RebeccaWiess]

1.	Get a copy of the unrecorded plat. In King County the repository
is Metsker Maps (although I haven’t checked which way the unrecorded stuff
went since the split and sale of Metsker, see
http://www.historicmapworks.com/MetskerMaps.php for background and
alternatives). Sue “the unknown heirs of xx and yy”, where those are the
names of the owners on the plat.  
2.	Check whether this is a window period plat – prior to 1905 – so
the street may have automatically vacated if it was not opened. 
3.	I have also seen quiet title suits which named “All the World” as
a defendant. 

 

Rebecca K. Wiess

Attorney at Law

1420 5th Avenue, Suite 3775

Seattle, WA  98101

Phone 206 622-4425

Fax 206 622-9021

rwiess at foxinternet.net 

 

  _____  

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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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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