[WSBARP] illegal subdivision

[Tom J. Westbrook]

John,

 

The issue I have had is at the County Assessor level and they won't
segregate the tax parcel out to the Grantee without approval by the
County Prosecuting Attorney, so can't get a tax parcel set up.

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

 

Rodgers, Kee & Card, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

 

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

 

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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
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] On Behalf Of Eric Nelsen
Sent: Friday, December 30, 2016 10:25 AM
To: WSBA Real Property Listserv <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] On Behalf Of Craig Gourley
Sent: Thursday, December 29, 2016 5:47 PM
To: 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

 

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