[WSBARP] boundary line agreement under RCW 58.04.007

[Gregory L. Ursich]

Doug: I do a lot of these BLA’s under RCW 58.04.007.
When drafting the boundary line agreement, the agreement itself contains in its body a quit claim conveyance ( just like a deed) for the strip between the parties. The agreement also contains the 2 “Before” legals ( the original legal descriptions) and 2 “After” legals. The document also contains a fill-spot to write in the recording number of the Record of Survey. The survey itself should not have signatures of the parties, just the Agreement. The ROS can reference and show on its face all 5 legals, and of course show the old boundary line ( probably dashed) and the new boundary line (solid line). 
No need for any municipal approval, but be careful of creating a substandard lot for zoning when before changing it complied with zoning.
Use a RE excise tax affidavit and cite to Boundary Line Adjustment exemption under the WAC’s, and pay just $10 fee.
No assessor or other county/city approval required or even allowed. It is a state statute and state law. -Greg

Sent from my iPhone

> On Jul 30, 2021, at 6:54 AM, Douglas Owens <dougowens at seattlerelawyer.com> wrote:
> 
> Dear list mates, I am hoping for some wise counsel on a question involving a boundary line agreement under the above statute.  My client owns a waterfront parcel in Mason County and the common boundary with his neighbor to the south is in some mild dispute.  The neighbor wants to relocate the line about fifteen feet into my client’s parcel and my client does not object or want payment.  The statute seems to say that the matter can be resolved by a simple agreement between the owners, acknowledged as for a deed, and accompanied by the legal descriptions of the parcels, the legal description of the new line and a survey map filed according to the statute.  We have all that, but the issues seem to be first whether in addition reciprocal quitclaims of interests on the other sides of the new line are needed, and second whether any government approval is required.  I do not see either of these as requirements in the statute but the surveyor who did the new survey with the boundary line included the quitclaim language in the survey and suggested that the county would have to be consulted and approve.  Does anyone have experience especially in Mason County with this type of situation?  Thank you.  Yours truly, Doug Owens
> 
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