[WSBARP] Judicial short plat

[Craig Gourley]

Thanks for the response and I agree that the BLA or adverse possession are the normal routes.  This particular county official has been around for about 25 years so both the title company and I are trying to figure what he is talking about.  Maybe it’s a client misunderstanding of what the guy was saying and maybe what he really meant was the adverse possession path.   Just checking with the list to make sure I was not under a rock someplace when a “ new” technique was developed.   Thanks!

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>

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of hhherman2
Sent: Saturday, January 23, 2016 3:05 PM
To: 'scott scottgthomaslaw.com' <scott at scottgthomaslaw.com>; 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Judicial short plat

Post 1972 could have been yesterday, in which case a BLA is the answer. That means cooperation with the seller and probably an expensive survey plus costs. A survey could reveal a lot line setback problem or encroachment of some kind which often happens when you cut a lot in half. However if the transfer was at least 7 years ago and a deed was or was not recorded, then a friendly adverse possession action that goes by default with only the filing fees out of pocket to get your “judicial” deed. The basis of the adverse possession complaint is exclusive possession; color of title and payment of taxes if a deed was recorded or at least delivered to you. None of which need to be proved in a default. No survey required. The legal description is just, “ the E? W? N? S? half of Lot etc”.

Howard Herman
Herman Herman & Jolley, P.S.
509.220.5810



From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of scott scottgthomaslaw.com
Sent: Saturday, January 23, 2016 12:35 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Judicial short plat


I have had planners tell a client to get a judicial order in the context of a testamentary division, but not in the circumstances you describe.  And that occurred in the early 90's.
On January 22, 2016 at 5:42 PM Craig Gourley <craig at glgmail.com<mailto:craig at glgmail.com>> wrote:
Listmates,  My client has just been told by a county official to get a judge to sign off on a  “judicial short plat”.  Apparently the client owned Lot A and bought half of the adjoining lot B.  This was a post 1972 purchase so the platting statute applies.  Obviously getting ½ of a lot without a BLA or some other recognized  method is a violation of the platting statute.   Government official has told the client to explain the situation to a judge and get them to sign an order making the ½ lot a separate legal lot.  Purportedly the ruling would be based on “gee we didn’t know and its been this way a really long time. “  Anyone heard of such a thing?

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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Scott G. Thomas
Law Office of Scott G. Thomas
1204 Cleveland Avenue
Mount Vernon, WA 98273
(360) 503-1042
www.scottgthomaslaw.com<http://www.scottgthomaslaw.com>

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