[WSBARP] Effect of recorded survey

[Peter Crocker]

Greetings listmates.
Two adjoining lots were created or established by separate plats. The
boundary between those two lots has now been in place and followed for over
40 years. About 15 years after the lots were established, the owner of one
lot had his property surveyed, and the survey was recorded. That survey
purported to lop off four feet of the other party's lot. The neighbors
never reached an agreement. The party that had the survey done did not
initiate a suit under RCW 58.04 or anything else to formalize the asserted
new boundary. The county does appear to recognize that new boundary, as it
is referenced in the deed of the lot that would be losing out. What is the
legal effect of that survey?

Case law seems to say that all bets are off.

"Courts should ascertain and carry out the intention of the original
platters. In case of discrepancy, however, between lines actually marked or
surveyed on the ground and lines called for by plats, maps or field notes,
the lines marked by survey on the ground prevail, save for intervening
equities arising by contract, conveyance, estoppel, prescription, or the
application of well-defined legal and equitable concepts."

*Staaf v. Bilder*, 68 Wn. 2d 800, 803-4 (Wash. 1966)(citing ( *Stewart v.
Hoffman*, 64 Wn.2d 37 <https://casetext.com/case/stewart-v-hoffman>, 390
P.2d 553 <https://casetext.com/case/stewart-v-hoffman> (1964); 11 C.J.S.
*Boundaries* § 49 (c) (1938)).

Sincerely,
Peter

Law Office of Peter Crocker, PLLC
210 Polk St., Ste. 6A
Port Townsend, WA 98368
peter at petercrockerlaw.com
360-344-8474

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