[WSBARP] fence line agreement

Wed Jan 18 12:20:44 PST 2017

John: I use the Boundary line Agreement Statute, RCW 58.04.007, regularly to correct and fix relatively minor boundary line issues.  It is state law, and no "legal lot Status" need be obtained from a municipal entity, as long you do not change a conforming lot (say a 5300 square foot lot in a SF 5000 zone) to less than conforming size.  You are not subdividing land with this statute, but rather fixing a boundary dispute without the need for litigation.  The agreement to be recorded includes quit claim and conveyance language to properly convey the disputed strip between the parties.  Yes, when a lender is involved, it is smart to contact them in advance, send them the proposed documents and survey and ask them for a partial reconveyance of the strip.  I have done these dozen of times when I have been hired by title insurers to fix title problems, and yes, when done correctly, title insurers accept the change in the legal descriptions and will insure accordingly.

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Gregory L. Ursich | Shareholder
Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
P: 425.450.4258 | F: 425.635.7720
vCard<http://www.insleebest.com/uploads/vcards/gursich.vcf> | website<http://www.insleebest.com/> | gursich at insleebest.com<mailto:gursich at insleebest.com>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John McLaughlin
Sent: Wednesday, January 18, 2017 11:06 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] fence line agreement

Per Jay's second sentence below -- have folks experienced problems with subsequent lenders (or their title insurers) having problems with lot line change per RCW 58.04.007 and requiring follow up with the municipal authorities to obtain a legal lot determination?  We have a client doing one of these, and I'm trying to figure out if an RCW 58.04.007 agreement actually resolves the issue or if the client is going to have trouble with it in the future (our client is giving up a small portion of property to settle a fence line dispute).

Thank you.

John P. McLaughlin
Direct | 206.905.3231
Email | jpmclaughlin at bmjlaw.com<mailto:jpmclaughlin at bmjlaw.com>

[cid:image002.png at 01D27185.1834ACA0]<http://www.bmjlaw.com/>

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jay Goldstein
Sent: Wednesday, January 18, 2017 7:57 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] fence line agreement

Be sure to include conveyance language in the Agreement or separate quit claim deed.

Lenders will need legal lot determination from municipal govt.

Jay A. Goldstein
[cid:image003.jpg at 01D27185.1834ACA0]
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> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Gregory L. Ursich
Sent: Tuesday, January 17, 2017 10:52 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] fence line agreement

Bryce is correct on using the Boundary line agreement statute.  You will need a survey of that fence line and new legal descriptions.  You do not need municipal approval as it is a state statute.

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Gregory L. Ursich | Shareholder
Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
P: 425.450.4258 | F: 425.635.7720
vCard<http://www.insleebest.com/uploads/vcards/gursich.vcf> | website<http://www.insleebest.com/> | gursich at insleebest.com<mailto:gursich at insleebest.com>

This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed.  If you have received this transmission in error, please immediately return it to the sender.  Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Tuesday, January 17, 2017 8:58 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] fence line agreement

See RCW 58.04.007 for agreement on boundry line agreemenents if you fall within the provisions of the statute you avoid a formal bndry line revision at the county or city level.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Douglas W. Scott
Sent: Tuesday, January 17, 2017 8:31 AM
To: WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>)
Subject: [WSBARP] fence line agreement

Current fence line meanders between a boundary line on abutting properties avoiding large trees.  Both owners are considering a written Fence Line Agreement which we would record. Questions:

 1.  Should there be a formal survey of this new boundary? (I think yes)
 2.  Is a BLA necessary? (I think no)

Douglas W. Scott
Law Offices of Douglas W. Scott
Windermere Building
1810 15th Place NW, Suite 203
Issaquah, Washington, 98027
V.  425.392.8550
F.  425-392-2829
www.davisscottlaw.com<http://www.davisscottlaw.com/>

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