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

Tue Dec 8 15:30:40 PST 2020

Link to the opinion: http://www.courts.wa.gov/opinions/pdf/D2%2052949-1-II%20Unpublished%20Opinion.pdf

Division II. Appeal from Grays Harbor County Superior Court.

Daniel Berner
Attorney
dberner at phillipsburgesslaw.com<mailto:dberner at phillipsburgesslaw.com> |website <http://www.phillipsburgesslaw.com/>

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REAL ESTATE | LAND USE | ENVIRONMENTAL LAW

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Law Office of Shaun Watchie Perry
Sent: Tuesday, December 8, 2020 3:22 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Quiet Title Action and Boundary Line Agreements Pursuant to RCW 58.04.007

Can you share the opinion?
Ms. Shaun Watchie Perry | Attorney at Law
Law Office of Shaun Watchie Perry
1325 Fourth Avenue, Suite 940 | Seattle, WA 98101
Tel +206.729.7442 | Fax + 206.260.1411 | www.swp-law.com<https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.swp-law.com%2F&data=04%7C01%7Cdberner%40phillipsburgesslaw.com%7Ccf767284684b4ba6182208d89bd0fc2a%7Cc077a7b2deb6407e83db7b3b5823302e%7C1%7C0%7C637430669186767690%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=FzR5HYDpDlp%2Fk2bvjivo4jiD4oZb6%2Fn1fZD19Pt6jV4%3D&reserved=0>

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On 12/8/2020 3:09 PM, rob at hctc.com<mailto:rob at hctc.com> wrote:
And, serendipitously, see, Pokorny v. Judd, today's date, unpub, at around page 19.

Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
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rob at hctc.com<mailto:rob at hctc.com>

From: rob at hctc.com<mailto:rob at hctc.com> <rob at hctc.com><mailto:rob at hctc.com>
Sent: Monday, December 7, 2020 11:20 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com><mailto:wsbarp at lists.wsbarppt.com>
Subject: RE: [WSBARP] Quiet Title Action and Boundary Line Agreements Pursuant to RCW 58.04.007

  1.  There is an old AG opinion, AGO 2005 no. 2, March 7, 2005,  that says that cities and counties can review these agreements. It is wrong, in my opinion. Regardless, many municipalities do make some sort of agreement requirements, but they are very inconsistent.
  2.  Any agreement will leave you with the need to still require with density and other planning requirements such as set backs when approval is sought for a project in the future on both lots.  Lawyers should screen for these issues.
  3.  An interesting question is, if we start with a nonconforming use (small lot size in development pre-existing minimum lot size regulations, for example), and then we shrink that lot size by another amount based on a boundary line agreement, are we now in a place where we are violating minimum lot sizes, and future project approvals will be impacted?

  1.  If your agency with authority insists, and you don't want to deal with them (some of them charge outrageous amounts for the process of approving these), then perhaps a friendly lawsuit, and name the city or county as a defendant. Probably cheaper and more in your control than the permitting process in some places. And you may not even need a survey if you can accurately describe where the new line is.
  2.  If they appear and want to argue, then they have to show that they have some sort of interest in the matter. I don't think they can do that.

Rob

Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
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rob at hctc.com<mailto:rob at hctc.com>

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 Rob Bartlett
Sent: Monday, December 7, 2020 9:56 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Quiet Title Action and Boundary Line Agreements Pursuant to RCW 58.04.007

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.
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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 Terrance Wilson
Sent: Monday, December 7, 2020 9:19 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto: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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