[WSBARP] House encroachment
Rob Wilson-Hoss
rob at hctc.com
Thu Dec 12 17:13:22 PST 2019
I guess they do it differently up there. The lesson is that one should, as I
said, check with the planner to make things go as smoothly as you can for
the client.
Rob
Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com
rob at hctc.com
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Gregory L. Ursich
Sent: Thursday, December 12, 2019 4:03 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] House encroachment
In Seattle or King county, if you ask for a “blessing” they will require you
(wrongly) to do a boundary line adjustment at great cost and delay; which
is not the law.
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>
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Wilson-Hoss
Sent: Thursday, December 12, 2019 3:41 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] House encroachment
Yes and no. Here, the Assessor and Auditor will ask the planner if it meets
the requirements of the statute. If you want to fight that system, ok, but
it is easier to run it by them first.
Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com <http://www.hossandwilson-hoss.com>
rob at hctc.com <mailto:rob at hctc.com>
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THIS OFFICE DOES DEBT COLLECTION AND THIS E-MAIL MAY BE AN ATTEMPT TO
COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. To
the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692)
applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You have
the right to seek advice of legal counsel.
From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Gregory L. Ursich
Sent: Thursday, December 12, 2019 2:17 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] House encroachment
Rob: I respectfully disagree on one of your points; no municipal approval or
review is needed for a proper boundary line agreement under RCW 58.04.007.
It is state law. My law firm has a very large municipal practice and we
represent about 10 cities and many special purpose districts and all of my
municipal partners agree with me that no municipal approval or review is
needed. But, I do agree you need to get a partial release from the lender
for the neighbor property. Especially if you are selling the property right
away. Sometimes, if a lender is difficult to get in touch with, then a
“friendly quiet title action” may be better, where the lender is named and
has to get counsel (likely title insurance appointed). -Greg
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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<http://www.insleebest.com/> website | <mailto:gursich at insleebest.com>
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 Rob Wilson-Hoss
Sent: Thursday, December 12, 2019 1:42 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] House encroachment
I agree that statutory boundary line agreements can be very useful, and I
very much prefer them over the code approval Boundary Line Adjustment
process, usually. You have to have a survey, and you should know what your
planner will think about these before you start, and if there are any local
governmental hoops to jump through; but agreements can be cheaper, far, far
quicker, and more malleable. For example, you can throw in all sorts of
stuff like reservations, restrictions, and so on. But whenever you come
anywhere near either a statutory boundary line agreement or a code Boundary
Line Agreement, or a quiet title lawsuit or any other way to move
boundaries, one of the first things to do is to get title reports, either
just tract book reports or actual guarantees, on both lots. You will likely
find financing, and perhaps other encumbrances, on the neighbor’s lot.
Know that almost always, Big Bank (or Little Credit Union, or grandmother)
lent money with security being the original legal description of the
neighbor’s parcel, before your agreement/adjustment That loan trust deed is
prior in time, no doubt, to whatever you do and however you do it. So, if
the neighbor agrees, but later defaults on the loan and Big Bank forecloses,
the foreclosure will be as to the original description; all you have done is
kick the can down the road, and you will have to deal with it at that later
time. Sure, you will still have your adverse possession facts, but you will
be dealing with a new owner with legal title relating back to the deed of
trust legal description, and therefore starting at zero in terms of finding
a resolution path.
Those with experience in these matters will know that it should be possible
to get Big Bank to do a partial release, for the part of that parcel that
will be changing ownership, so long as they are sufficiently collateralized.
But the larger the bank the less chance you will ever get this done.
You have to judge your circumstances. Sometimes the only way you can give
your clients absolute security is to file a quiet title action; if the
neighbor agrees, then it can be a friendly action. You then name and serve
all encumbrancers who have interests on the neighbor’s lot. Big Bank will
default almost always, so you get a judgment quieting title against not only
the neighbor, but also all defendant encumbrancers, including Big Bank, as
to the transferred part of the neighbor’s lot. Again in theory, though, the
neighbor may have to answer to his lender based on the terms of the deed of
trust, which don’t usually allow losing part of the securing property to an
adverse possession claim. But again, Big Bank will very much not likely
either notice or want to deal with any of that, again, so long as there are
no real issues with the value of the remainder of the lot versus the amount
of the loan. As long as the loan is adequately collateralized then Big Bank
should not care.
On the other hand, I am not really very good at predicting what Big Bank
will care about, or what it will do. Once I actually did get a partial
release from a very big bank.
Rob
Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com <http://www.hossandwilson-hoss.com>
rob at hctc.com <mailto:rob at hctc.com>
This message is intended solely for the use of the addressee and may contain
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reply e-mail or by telephone (call us collect at the number listed above)
and immediately delete this message and any and all of its attachments.
Thank you.
THIS OFFICE DOES DEBT COLLECTION AND THIS E-MAIL MAY BE AN ATTEMPT TO
COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. To
the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692)
applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You have
the right to seek advice of legal counsel.
From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Gregory L. Ursich
Sent: Thursday, December 12, 2019 1:09 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] House encroachment
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.
Gregory L. Ursich
Shareholder
Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
P: 425.450.4258 | F: 425.635.7720
<http://www.insleebest.com/uploads/vcards/gursich.vcf> vCard |
<http://www.insleebest.com/> website | <mailto:gursich at insleebest.com>
gursich at insleebest.com
This electronic mail transmission is privileged and confidential and is
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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 nestor at pplsweb.com
<mailto:nestor at pplsweb.com>
Sent: Thursday, December 12, 2019 12:42 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto: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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