[WSBARP] Effect of recorded survey

[Mark Anderson]

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Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Peter Crocker
Sent: Wednesday, November 24, 2021 11:53 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Effect of recorded survey

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<mailto:peter at petercrockerlaw.com>
360-344-8474

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