[WSBARP] illegal subdivision

[Jay Goldstein]

This form attached seems to fit this situation

J

Jay A. Goldstein
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1800 Cooper Point RD SW NO. 8  |  Olympia, WA 98502
Telephone 360.352.1970  |  Fax 360.357.0844 |  www.jaglaw.net<http://www.jaglaw.net/>
jay at jaglaw.net<mailto:jay at jaglaw.net>

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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



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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