[WSBARP] Boundary Line Agreement - issues with title

[Paul Okner]

Dear boundary line gurus,

To resolve a boundary dispute, two neighboring parcels (in Seattle) have
agreed to enter into a Boundary Line Agreement pursuant to RCW 58.04.007.
However, we're getting pushback from Chicago Title.  Their latest response
is pasted in below.  Any thoughts on how to get this across the finish line?


Unfortunately we have not had luck with the procedure [party's] attorney is
suggesting. In reviewing with underwriting counsel here, we acknowledge
that a Boundary Line Agreement is an option to resolve boundary line
disputes or discrepancies under RCW 58.04.007. However, in our experience,
King County will likely assert their formal boundary line adjustment
administrative review process needs to be followed, too. Presumptively, the
City of Seattle would take the same stance. It’s likely building and repair
permits would be denied in the future if they don’t obtain city approval.
Also, the county assessor might decline to change the tax roll to match the
new boundaries.



You could proceed with the proposed approach, but we would need to raise an
exception from coverage for potential violation of subdivision regulations.
This exception could cause issues with the lender and future purchasers, so
underwriting counsel does not recommend this course of action.





Many thanks,


-Paul Okner
*Fremont Law PLLC*
3429 Fremont Pl. N.,  Suite 305
Seattle, WA 98103
(206) 399 - 1922
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