[WSBARP] illegal subdivision
Jay Goldstein
jay at jaglaw.net
Fri Dec 30 11:55:24 PST 2016
This form attached seems to fit this situation
J
Jay A. Goldstein
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of scott scottgthomaslaw.com
Sent: Friday, December 30, 2016 11:40 AM
To: John McCrady <j.mccrady at pstitle.com>; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] illegal subdivision
· See The Newport Yacht Basin Association of Condominium Owners v. Supreme Northwest, Inc., 168 Wn.App. 56, 73, 277 P.3d 18
· (2012).
·
On December 30, 2016 at 11:15 AM John McCrady <j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>> wrote:
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
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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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