[WSBARP] Boundary Line Adjustment Agreement pursuant to RCW 58.04.007

Wed Apr 21 14:14:04 PDT 2021

Michael: I teach CLE's on this exact topic. I prepare and record many Boundary Line Agreements per the authority of RCW 58.04.007, in King County and many other jurisdictions as well.  The statute is designed so parties can avoid litigation. The word "dispute' as used in the statute has a reasonable definition of any type of claim like: Adverse possession, Mutual Recognition and Acquiescence, Estoppel in Pais, Parol Boundary Line Agreement, and the common grantor theory, and other similar disputes and no lawsuit is required.  No municipal or county approval is required, but be mindful of setbacks and minimum lot sizes etc.  Would be happy to discuss with you further. -Greg

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Gregory L. Ursich
Shareholder
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of msafren at jennylinglaw.com
Sent: Wednesday, April 21, 2021 11:38 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Boundary Line Adjustment Agreement pursuant to RCW 58.04.007

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: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
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