[WSBARP] Fence Encroachment

[Bryce Dille]

The only way you can do it so it is recognized by the county as a proper division is under RCW 58.04.007 also see if property to be conveyed is subject to mortgage or deed of trust other wise the new parcel will be partially encumbered until it is released also see if there is a judgment lien against the conveyed parcel so need a title report.

Bryce H. Dille | Attorney at Law
Dille Law, PLLC
P: 360-350-0270 | F: 844-210-4503
2010 Caton Way SW, Suite 101
Olympia, Washington 98502
www.dillelaw.com<http://www.dillelaw.com/>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of nestor at pplsweb.com
Sent: Wednesday, July 10, 2019 7:40 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Fence Encroachment

PC's neighbor has an old fence that has been over the PC's property line for some time. They amicably agreed that neighbor will remove old fence and build a new fence inside neighbors property. I want to draft an agreement attaching a recent survey as an exhibit and record the same, where neighbor agrees to remove fence and neighbor has license to maintain fence temporarily and thereafter remove the same, and further where neighbor releases and quitclaims any right to PC's property.

I don't want to call it a Boundary Line Agreement, since we don't want to go the route of having the surveyor record the Survey and its definitely not a BL Adjustment.

Can I simply record such an "Agreement" and attach a survey without any complications from the recording office?


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

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