[WSBARP] House encroachment

[Gregory L. Ursich]

A boundary line agreement is the best way  to resolve this under RCW 58.04.007, which also requires a new survey and legal descriptions showing the new, agreed boundary line.   Hopefully, you can get neighbor to cooperate.  Do not do an easement as this is a permanent occupation and 15 years means the adverse possession requirements will have been met.  Also, to have an insurable sale and to obtain title insurance for the new buyer will require (as required by the title underwriters) a new boundary line placing the house entirely on the client's property.  I do a lot of these and would be happy to help.

[cid:image002.jpg at 01D5B0ED.4140A130]
Gregory L. Ursich
Shareholder
Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
P: 425.450.4258 | F: 425.635.7720
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com
Sent: Thursday, December 12, 2019 12:42 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] House encroachment

PC bought a property for cash last year and is now selling. They discovered that the Prefab home encroaches 15 feet on the neighbor's property. The encroachment was noted on the title policy indicating that has been there over 15 years.

PC wants to approach neighbor in a friendly manner to resolve the issue. Obviously wants to avoid time and expense of a quiet title suit. PC wanted to know if the owner balks, can he simply get an easement that will terminate when the house is demolished?

A deed of course is best, but they are trying to avoid the expense and time to enforce in court. Any suggestions or thoughts?


Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary

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