[WSBARP] WSBARP Digest, Vol 78, Issue 31

Mon Mar 29 12:15:15 PDT 2021

Legally, the BLA does no more than give the county's permission to convey and adjustment to the lines. Beyond that, there can be the question of whether or not there was a verbal agreement to actually convey, and was the BLA sufficient part performance to avoid the statute of frauds. The statute of limitations is a whole other discussion.
Steve

Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave.Shelton, Wa. 98584360-426-5885
swhite8893 at aol.com

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Subject: WSBARP Digest, Vol 78, Issue 31

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Today's Topics:

  1. Re: Boundary Line Correction & No Conforming Deeds
      (Paul Neumiller)

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Message: 1
Date: Mon, 29 Mar 2021 18:48:45 +0000
From: Paul Neumiller <pneumiller at hotmail.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Boundary Line Correction & No Conforming Deeds
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OK Gang, for the sake of argument, let's say a conforming deed is required for a Boundary Line Correction ("BLC").  (I know all of my local title companies require a conforming deed).  But, what if we consider a BLC agreement to be a contract between the parties?  So, if one party refuses to provide the conforming deeds, isn't that a breach of contract? So, what is the statute of limitations for a breach of contract?  In other words, even if the neighbors go to my clients and demand that my clients sign conforming deeds in accordance with the BLC from 2003, can my clients say "Too bad, so sad", the statute of limitations has already run on your breach of contract action AND we get to keep the property?  (I mean, come on, 18 years is loooong time.)

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Friday, March 26, 2021 1:59 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Boundary Line Correction & No Conforming Deeds

The BLC was recorded under fraudulent circumstances with previous owners but that's another story.  My clients are the only ones who would have to sign the conforming deed.  In other words, my clients own the only parcel that gave up land. But my clients don't want to and they query whether they can go back to the pre-BLC lines?  By analogy, Island County is starting to send out "reminders" telling parties to Boundary Line Adjustments that the County's approval of the Boundary Line Adjustments will expire within 6 months of the approval if the parties don't record the BLA agreement AND the conforming deeds.

For the title nerds among us and before someone raises the issue, YES, my clients' title insurance company should have caught this issue and obtained the conforming deeds prior to closing escrow at the time of my clients' purchase.  But it didn't catch the glitch and we have tendered the issue to the title company (to see if anything would stick against the wall).  The title company has denied coverage stating that it only insures the "land" as described in the policy and the policy used the post-BLC legal description.  So, because the full pre-BLC lot was not described in the policy, the portions of the lot allegedly transferred away by the BLC are not covered by the policy.

 So, my question is "If the conforming deeds aren't recorded after, what?, 18 years, is the BLC ineffective and the parties go back to the original configuration of the parcels?"  Oh, by the way, this is no bank beach-front property.  It matters.  I wasn't able to find any cases that addressed this issue.
?

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
Sent: Friday, March 26, 2021 1:22 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Boundary Line Correction & No Conforming Deeds

I have has this issue more times then I care to count. The parties and sometimes their atty things that recording the boundry line survey automatically transfers the property which it does not. Usually there is an agreement hopefully in writing agreeing to the revision. If you cant locate the party to sign the deed then do quiet title action based on agreement

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

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Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: Friday, March 26, 2021 1:00 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Boundary Line Correction & No Conforming Deeds

Listmates: A Boundary Line Correction ("BLC") was recorded in 2003 reducing client's property (signed by previous owners).  Deeds to conform the parcels to the BLC were never recorded.  But client received SWD using post-BLC legal description.  County Assessor says because conforming deeds were never recorded, client has been paying taxes on full (pre-BLC) lots since then.  Client's would love to go back to pre-BLC configuration of lot.  Client might be able to locate previous owner and receive a quit claim deed for full pre-BLC legal description.  What is the impact of no conformance deeds?

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