[WSBARP] Boundary Line Adjustment Agreement pursuant to RCW 58.04.007

[Roger Hawkes]

Bla changes legal boundaries, but does not necessarily satisfy local rules re lot size and setbacks etc.  it does not have to be a litigated case; although a judicial order could accomplish the same thing.

Roger Hawkes, WSBA # 5173
Shoreline Office: 19944 Ballinger Way NE
                                Shoreline, WA 98155
Sultan Office:        423 Main
                                 Sultan, WA 98294

Phone: 206 367 5000; fax: 206 367 4005
Email: roger at law-hawks.com<mailto:roger at law-hawks.com>
Web site: www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
[cid:image001.jpg at 01D736C6.B8AD7940]

From: wsbarp-bounces at lists.wsbarppt.com <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>
www.jennylinglaw.com<http://www.jennylinglaw.com/> | facebook.com/jennylinglaw/<http://www.facebook.com/jennylinglaw/>


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