[WSBARP] county right of way / subdivision

[scott at scottgthomaslaw.com]

Do you know how the road was created?  Documents pertaining to the creation
of a historic roadway may offer insight.  See, for example, Chapter 36.81
RCW.


-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Julie Nichols
Sent: Wednesday, August 4, 2021 10:53 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] county right of way / subdivision

Good morning,

Client owns property with county right of way running down the middle.  No
fee simple conveyance of right of way.  
In addition, survey from 1962 lays out the boundaries of the county road and
properties surrounding.  (No evidence that the property has been segregated
for TPN purposes by County assessor.)  Client wants to subdivide.

Two questions re: two separate issues:

1.  I realize most counties only recognize "split by county road" scenario
where it would demonstrably be a fee title (not a right-of-way or easement
interest) county road.  I am wondering whether anyone has dug into this
issue further, i.e. is there clear authority for this conclusion or is the
door open to a contrary conclusion?

2.  Given that the survey pre-dates applicable platting statutes and the
recording act, is there any authority for the proposition that the old
survey divided the property?

Julie Nichols
Whitehouse & Nichols, LLP
Attorneys at Law
P.O. Box 1273
601 W. Railroad Ave, Suite 300 (physical only-no mail) Shelton, WA  98584
360.426.5885



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