[WSBARP] Quiet Title Action and Boundary Line Agreements Pursuant to RCW 58.04.007

[Rob Bartlett]

We have run into this as well.  On at least on occasion notifying the City it would need to be made a party to the quiet title litigation made it back off.  But, it was clear it was going to take this heavy-handed action in the future.  Have you threated to make the city a party to the quiet title action?  And if so, what was its response?

We'd all like to know.

--Rob

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Robert M. Bartlett, Esq.
Cook & Bartlett, PLLC
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Terrance Wilson
Sent: Monday, December 7, 2020 9:19 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Quiet Title Action and Boundary Line Agreements Pursuant to RCW 58.04.007

Good Morning Colleagues,

I have been working with Adverse Possession Quiet Title cases and Boundary Line Agreements pursuant to RCW 58.04.007 since the mid 1990's, originally in the capacity as the owner of a Land Surveying busines, and since 2005 as a Real Estate attorney.  I have worked on cases with some of you on this listserv.  Over the years, different jurisdictions have pushed back on the use of Boundary Line Agreements, and also threatened whether they would recognize the reconfigured lot lines from either process if the properties did not also go through the Lot Boundary Adjustment process with the jurisdiction.

Currently, I am working with City of Seattle Legal (Patrick Downs) and SDCI Planning Staff to delineate their policy on this matter. They are threatening to require all properties that have been reconfigured via Quiet Title Actions and Boundary Line Agreements to additionally be subjected to the City's Lot Boundary Adjustment process in order to be recognized.

This proposed policy is absurd.  Apart from the fact that future owners who have relied upon the Quiet Title Action Judgments and/or Boundary Line Agreements will not be willing to work together on a Lot Boundary Adjustment process, I believe the City's proposal to require such action exceeds their authority.

Mr. Downs has asked me for any appellate decisions that would preclude the City from requiring a Lot Boundary Adjustment under these circumstances.  I am not sure if there are any cases on point, but the idea that the City could deny recognition of lot boundaries that have been properly reconfigured via the Quiet Title of Boundary Line Agreement process seems an overreach and impractical as well.

Does anyone have experience with the City of Seattle in this area?  Also, any ideas for a response to Mr. Downs regarding the City's proposed denial of lots that have been adjusted by these methods would be appreciated. I feel the consequences of the City's policy in this matter will have far reaching ramifications for many of us who practice in this area.

Best regards,


Terrance Randall Wilson, Managing Partner

Attorney at Law



Wilson Law Group of WA

(206) 550-3189 - Cell

(206) 805-6238 - Office


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