[WSBARP] illegal subdivision

[Paul Neumiller]

For the sake of the conversation, CA does allow the initial buyer up to a year after the discovery to void the deed, sale, or contract of sale.  (Don’t know if there is a corresponding WA provision):
CA Gov. Code 66499.32.

(a) Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division, in violation of the provisions of this division, or of the provisions of local ordinances enacted pursuant to this division, is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of discovery of the violation of the provisions of this division or of local ordinances enacted pursuant to the provisions of this division, but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or his assignee, heir or devisee.

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Friday, December 30, 2016 11:16 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] illegal subdivision

I agree with Eric’s analysis.
RCW 58.17.030  states that “every subdivision shall comply with the provisions of this chapter……”
RCW 58.17.300 states that “any person……who violates any provision of this chapter…..shall be guilty of a gross misdemeanor and each sale…or transfer….shall be deemed a separate and distinct offense.”
I am not aware of any authority holding that a transfer in violation of the subdivision code is void or voidable.  If anyone is aware of such authority I would love to hear about it.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98466
253-476-5721

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Friday, December 30, 2016 10:25 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] illegal subdivision

I am pretty sure deed is valid--a deed just conveys real property even if it's just a postage stamp of land that it describes, and zoning/building codes and "legal tax parcels" are all just overlayers of regulation. I think what you have is a tax parcel that is owned not by undivided interests in the whole (tenants in common), but in separate chunks--I think that would be called ownership in severalty?

It's really a category problem--depends on what you choose to define as "parcel." "Parcel" could mean the land described in a deed, or it could mean a tax parcel as defined by the county. The county won't recognize the deed parcel as a tax parcel, so for all tax and administrative purposes, the tax parcel is owned partly by one person and partly by another.

Clear as mud--

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Thursday, December 29, 2016 5:47 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] illegal subdivision

Listmates,  I am wondering what rights are created when property is transferred via an illegal subdivision.  By example, someone transfers the north one third of a lot to a buyer.  No BLA, no short plat, just a deed.  My initial presumption is that buyer owns the property but just can’t get a building permit.  Is the transfer void on its face or voidable or neither?  I am being lazy tonight and thought I would ask those who may have already researched the matter.  Thanks, Craig

Gourley Law Group
Snohomish Escrow
The Exchange Connection

1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.568.8092  fax
Craig at glgmail.com<mailto:Craig at glgmail.com>

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