[WSBARP] fence line agreement

Fri Jan 20 15:52:35 PST 2017

Thanks Jay, Bryce, Gregory and Catherine for all of your input.  As always, super practical and super helpful.

John

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

[Title: Bauer Moynihan & Johnson LLP [signature] - Description: Bauer Moynihan & Johnson LLP  2101 Fourth Avenue | Suite 2400 | Seattle, Washington 98121  www.bmjlaw.com | 206.443.3240  This message contains confidential and privileged information.  If it has been sent to you in error, please reply to inform the sender of the error and then delete this message.]<http://www.bmjlaw.com/>

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jay Goldstein
Sent: Wednesday, January 18, 2017 4:09 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] fence line agreement

Yes -- but clients frequently don't like this option, in my experience.

J

Jay A. Goldstein
[Logo Color 946x243 pixels]
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 Catherine Clark
Sent: Wednesday, January 18, 2017 4:01 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] fence line agreement

Would an easement (or mutual easements) solve this problem thus avoiding the issues of lot size and municipal approval?

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone:  (206) 838-2528
Direct Dial:  (206) 274-7941
Cell:  (206) 409-8938
Fax: (206) 374-3003
Email:  cat at loccc.com<mailto:cat at loccc.com>

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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 John McLaughlin
Sent: Wednesday, January 18, 2017 11:29 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] fence line agreement

Thanks Jay - that's extremely helpful.

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

[Title: Bauer Moynihan & Johnson LLP [signature] - Description: Bauer Moynihan & Johnson LLP  2101 Fourth Avenue | Suite 2400 | Seattle, Washington 98121  www.bmjlaw.com | 206.443.3240  This message contains confidential and privileged information.  If it has been sent to you in error, please reply to inform the sender of the error and then delete this message.]<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 11:16 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] fence line agreement

My experience is that when clients go to sell their property after RCW 58.04.007 property line change, lenders require that resulting lot meet legal lot requirements.

Fortunately this is generally pretty easy to do.
We contact local municipality planning department, send them the recorded 58.04.007 agreement and ask for a legal lot determination.
Planner always asks why didn't we do BLA instead, but end result is that planner writes letter confirming legal lot determination and all is ok.
Generally very fast (next day turn around) and no charge.

This has happened every time, and now we advise clients to get legal lot determination up front instead of waiting until they put the house on the market-and possibly have a problem.

J

Jay A. Goldstein
[Logo Color 946x243 pixels]
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 John McLaughlin
Sent: Wednesday, January 18, 2017 11:06 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto: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>

[Title: Bauer Moynihan & Johnson LLP [signature] - Description: Bauer Moynihan & Johnson LLP  2101 Fourth Avenue | Suite 2400 | Seattle, Washington 98121  www.bmjlaw.com | 206.443.3240  This message contains confidential and privileged information.  If it has been sent to you in error, please reply to inform the sender of the error and then delete this message.]<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
[Logo Color 946x243 pixels]
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>

Nothing contained herein should be construed as legal advice.
The purpose of this email is to transmit a message or document.
Should you not be the intended recipient of this email message,
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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.

[ibdr2]

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> [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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