[WSBARP] Tenancy-in-common agreement to run with the land?

[David Faber]

PC came into my office on the recommendation of a title officer during the
course of a rather unorthodox property purchase. PC and neighbor are
jointly purchasing a rectangular lot lying directly between their existing
properties. PC and neighbor have decided that going through the boundary
line adjustment process. The title officer suggested that wouldn't be a
problem, that they should come see me, and that I would just need to make
sure that if either of the parties sells their ownership in their primary
parcel that their interest in the "community lot" would pass with it. My
gut reaction was to create a tenancy-in-common agreement, but I would need
to make sure that it runs with the land of the neighboring parcels. I don't
see any reason why I couldn't draft that language, but I just want to make
sure that I don't miss anything. Has anyone experienced a similar situation
and/or have a "best practice" solution (other than "tell the PC to go ahead
and do the boundary line adjustment; it will be better for them in the long
run" because I already know that and they told me "no thanks")?

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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