[WSBARP] boundary dispute settlement

[Marcus Fry]

Correct, an easement does not transfer title, but depending on the current and intended use of the land, a grant of an easement with various rights afforded under such easement such as placing of a fence, etc. may be sufficient to resolve the matter.

Marcus Fry
Lyon, Weigand & Gustafson PS
Yakima, WA.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of HOWARD HERMAN
Sent: Thursday, October 22, 2015 10:42 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] boundary dispute settlement

See RCW 58.17.040 (6)  A lot line adjustment is the only way to sever a piece of land from one lot and add it to an adjoining lot. An easement does not transfer title and a deed standing alone would create another tax parcel which is not allowed. Check with your county planning department for the procedure. And yes, a survey is required.

Howard Herman
509 220 5810



From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Gregory L. Ursich
Sent: Wednesday, October 21, 2015 9:22 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] boundary dispute settlement

No; do not shortcut, need the survey to make the boundary line agreement valid. -Greg Ursich, Inslee Best

Sent from my iPhone

On Oct 21, 2015, at 5:52 PM, Matt Johnson <Matt at gravislaw.com<mailto:Matt at gravislaw.com>> wrote:
All,

I represented a party in a boundary dispute, OP has capitulated and accepted that my client is the rightful owner. Initially, OP agreed to split the cost of a survey, filing, and boundary dispute agreement for filing pursuant to RCW 58.04.007.

However . . . after the estimate was received OP has decided not to split the costs and my client does not want to pay for it alone.

Does anybody have any creative ideas on how to memorialize the settlement of a boundary dispute without a survey that would be binding upon successors to the properties and would show up in the property index?


Matthew R. Johnson| Attorney at Law
Gravis Law, PLLC
P.O. Box 182 | 350 E. Main St.
Dayton, WA 99328
509-382-2030 (office)
Website <https://www.gravislaw.com/> - LinkedIn<https://www.linkedin.com/pub/matthew-r-johnson/2b/997/87a>

NOTICE:  This email (including any attachments) is covered by the Electronic Communications Privacy Act (EPCA), 18 U.S.C., Sec. 2510 - 2522, is confidential and privileged.  This email is solely for the personal and confidential use of the recipient(s) named above.  Receipt by anyone other than the individual recipient(s) is NOT a waiver of attorney-client privilege.  Any violation of the ECPA is subject to the penalties stated therein. If you have received this message in error, please notify me immediately by reply e-mail to matt at gravislaw.com<mailto:matt at gravislaw.com> and immediately delete the original message.

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