[WSBARP] Recorded Survey with no legal description - Problem??

[scott at scottgthomaslaw.com]

Not sure if a problem or not, but it does seem odd.  See WAC 332-130-050.

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of marc holmeslawgroup.com
Sent: Tuesday, June 21, 2022 3:16 PM
To: wsbarp-bounces at lists.wsbarppt.com; 'WSBA Real Property Listserv'
<wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Recorded Survey with no legal description - Problem??

 

Mates,

 

I've got a client purchasing a property that the seller had surveyed several
years ago.  It shows various features along the lot lines (fences,
rockeries) some of which are not perfectly on the legally described boundary
lines but very close (a foot or less one way or the other).  In other words,
nothing shocking or atypical for an older neighborhood and no obvious powder
kegs waiting for a spark to set off litigation (assuming the survey is
accurate)

 

What's weird is that the survey does not have a legal description of the
subject property anywhere on it and the various calls and distances on the
drawing itself are slightly different than those in the property owner's
vesting deed (a metes and bounds description only, never platted).  The
legal in the owner's vesting deed matches that in the newly issued
preliminary title commitment. 

 

In the general notes the surveyor stated the "sole purpose of this survey
was to locate the boundary lines" and the client (current property owner)
did not provide a "title report of the boundaries" so the surveyor used "a
combination of surveys and plats in concert with found monumentation to
determine the boundaries shown hereon" and "actual ownership status may
vary."  None of the surveys and plats listed are contiguous with the subject
property and the nearest is a couple parcels away.

 

I'm trying to decide if this is a problem worth objecting to and, if so,
what's the solution?  Any idea why the surveyor would not use or at least
reference the client's vesting deed?  

 

 

 

 

Marc Holmes, JD
Holmes Law Group PLLC

2303 W. Commodore Way, Suite 306

Seattle, WA 98199
 <mailto:marc at holmeslawgroup.com> marc at holmeslawgroup.com
(206) 357-4224 (ofc)
(206) 849-0853 (cell)

 

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