[WSBARP] Boundary Line Adjustment Agreement pursuant to RCW 58.04.007

[msafren at jennylinglaw.com]

Hello Real Property Braintrust,

 

I have a client that is seeking to enter into a boundary line adjustment
agreement to resolve a dispute with a neighbor regarding the property line.
Pursuant to RCW 58.04.007, parties may record a boundary line adjustment to
resolve  a dispute, however, I'm unclear as to whether RCW 58.04.007
requires a suit or action to be commenced in a Washington Court and
therefore evidenced by a case number to qualify as a "dispute" under RCW
58.04.007.  The text of the statute did not define dispute nor was I able to
find any case law which clarified the definition of "dispute" under the
statute. I was unclear if a dispute that had not resulted in a filed action
would fall under this statute.  

 

I also had questions and concerns regarding the process after the boundary
line had been adjusted by agreement and recorded in the recorder's office
using the processes outlined in RCW 58.004.007  Would the property owners
still need to contact the local planning department to get the parcel's
adjusted and possibly segregated?  Would the local review and approval
process then still apply?  Would it simply be better/ more efficient to
apply to the local planning department at the outset? 

 

I appreciate all responses and advice.  Thanks in advance.

Warmest regards,

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
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