[WSBARP] illegal subdivision
Tom J. Westbrook
tjw at w3net.net
Fri Dec 30 12:28:56 PST 2016
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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