[WSBARP] House Constructed Over Property Line

[Mark Anderson]

A lot line adjustment, albeit more expensive, would be a more “permanent” way to address this, given the potential issues in the future with an easement vis a vis the merger doctrine.  If you do go the easement route, I would consider mutual easements to achieve the “give and take” that Kary mentions.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kary Krismer
Sent: 08/10/2022 10:04 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] House Constructed Over Property Line


I agree an easement would be simple, but couldn't a lot line adjustment give and take from both parcels?  Give land to the lot the house it built on where it was built on, and giving to the other lot in some other location, keeping both lots' square footage the same?  An easement admittedly would be easier though.

Kary L. Krismer

206 723-2148
On 8/10/2022 9:07 AM, Jan Kelly wrote:
Thank you! A simple answer, too!
Sent from my iPhone


On Aug 10, 2022, at 8:55 AM, Catherine Clark <Cat at loccc.com><mailto:Cat at loccc.com> wrote:

Write up an easement for the house.

Catherine “Cat” Clark
Law Office of Catherine C. Clark PLLC
110 Prefontaine Place South, Ste. 304
Seattle, WA 98104
Phone: (206) 838-2528
Cell: (206) 409-8938
Email: cat at loccc.com<mailto:cat at loccc.com>




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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com><mailto:wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jan Kelly
Sent: Wednesday, August 10, 2022 7:33 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com><mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] House Constructed Over Property Line

Good morning,

I am sure this is a common issue, but I'm not sure of the answer. Person owns 3 adjacent lots, A, B, and C.  He built a house on Lot B, but "accidentally" extended it 10 feet onto Lot C.  He doesn't want to do a BLA, because he needs a minimum lot size to build; a BLA would cause Lot C to be unbuildable. Of course, he does not want to tear down the house.

What are his best options?  Thank you!

--

Jan Kelly, JD/MBA
Attorney at Law

JK Law
PO Box 1964
Poulsbo, WA 98370
Direct Line (702) 338-6733

Licensed in Nevada and Washington.

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