[WSBARP] Fence Encroachment

Thu Jul 11 19:03:13 PDT 2019

I am speaking of course about the quitclaim deed.

Nestor

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of nestor at pplsweb.com
Sent: Thursday, July 11, 2019 6:25 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Fence Encroachment

Great ideas. Since there is no money changing hands would exemption under WAC 458-61A-215 (1) apply and for reasons we state “Clear upon any issue regarding adverse possession”

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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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, July 11, 2019 9:38 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Fence Encroachment

I wouldn’t record that kind of Agreement. I would have a written private settlement and set a date certain by which neighbors agree to remove and relocate fence, and when the fence is moved have the survey revised to reflect fence is located on the boundary or on neighboring property. Then record the revised survey. You can incentivized the neighbors to act quickly by either offering them $500 to comply timely with the agreement, or have a liquidated damages clause where they pay a $1000 penalty if the fence is not removed in time. Also include an attorney fees clause and make agreement enforceable in a subsequent court action if they do not comply. You can also include a term for them to separately sign a quit claim deed to your clients property, given in consideration to resolve a boundary dispute, and record that right away as soon as they sign the deed and settlement agreement. -Greg Ursich, Inslee Best 425-455-1234 

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On Jul 11, 2019, at 9:07 AM, Bryce Dille <Bryce at dillelaw.com <mailto:Bryce at dillelaw.com> > wrote:

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/> 

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately. 

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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 nestor at pplsweb.com <mailto:nestor at pplsweb.com> 
Sent: Wednesday, July 10, 2019 7:40 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com <mailto: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

ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.

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