[WSBARP] quiet title action against ????

Tue May 13 11:26:14 PDT 2014

Josh, who did the neighbor get their deed from? That might give you some
idea. Someone has to own the land – even if it is the government. Hard to
believe the title company tell you who is in title of the road? If it
isn’t a platted road then you most likely can’t get it vacated. But, I
agree with Paul – if your client doesn’t at least have color of title
somehow, what is his/her claim on the property? Maybe he/she needs to
start some adverse possession use now and see if he/she can get it to run
10 years without anyone kicking them out. 

Sincerely,

Tom

Thomas J. Westbrook

Attorney at Law

Thomas J. Westbrook, PLLC

PO Box 1

Littlerock, WA 98556

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Tuesday, May 13, 2014 11:09 AM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] quiet title action against ????

This is shooting from the hip but I looked at this issues about ten years
ago.  The problem you have with the quiet title action is that your client
probably has no colorable claim to the land at this time as the basis for
the quiet title action.  (What is your client going to say to the judge,
“I’m grabbing this land because no one else is”?) My initial analysis was
that my client, basically, had to expand out to the land and then bring a
quiet title action based on adverse possession after 10 years.  

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
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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