[WSBARP] Quiet Title Action and Boundary Line Agreements Pursuant to RCW 58.04.007
Law Office of Shaun Watchie Perry
shaunwperry at swp-law.com
Tue Dec 8 15:32:35 PST 2020
Thank you!
*/Ms. Shaun Watchie Perry | Attorney at Law
Law Office of Shaun Watchie Perry
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On 12/8/2020 3:30 PM, Daniel Berner wrote:
>
> Link to the opinion:
> http://www.courts.wa.gov/opinions/pdf/D2%2052949-1-II%20Unpublished%20Opinion.pdf
> <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>/*
>
>
> This e-mail is intended only for the use of the individual or entity
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> be advised that any dissemination, distribution or copying of this
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> the above e-mail address and delete from your files.
>
> 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
>
> www.hossandwilson-hoss.com
> <https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.hossandwilson-hoss.com%2F&data=04%7C01%7Cdberner%40phillipsburgesslaw.com%7Ccf767284684b4ba6182208d89bd0fc2a%7Cc077a7b2deb6407e83db7b3b5823302e%7C1%7C0%7C637430669186777684%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=WEIq3eM79Pw%2Bm1Bhsl7WEfxKhx77z%2BpqPmrM5BOqFV8%3D&reserved=0>
>
> 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?
>
> 4. 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.
> 5. 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
>
> www.hossandwilson-hoss.com
> <https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.hossandwilson-hoss.com%2F&data=04%7C01%7Cdberner%40phillipsburgesslaw.com%7Ccf767284684b4ba6182208d89bd0fc2a%7Cc077a7b2deb6407e83db7b3b5823302e%7C1%7C0%7C637430669186777684%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C2000&sdata=WEIq3eM79Pw%2Bm1Bhsl7WEfxKhx77z%2BpqPmrM5BOqFV8%3D&reserved=0>
>
> 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
>
> *Everyone at Cook & Bartlett is available to assist you during the
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>
> *Robert M. Bartlett, Esq.*
> *Cook & Bartlett, PLLC*
> 1900 W. Nickerson St., Ste. 215
> Seattle, WA 98119
> (206) 282-2710
> Fax: (206) 282-2707
>
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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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