[WSBARP] Boundary Line Agreement - issues with title

[Meyler Legal, PLLC]

Yes, I have dealt with this issue in both Seattle and King County. If you call and speak with someone about it, they will tell you that you need to go through their review process. Sure! Charge me a ton of money and take a year or two of my time to review it. 

I would love to challenge their position but it is cheaper and faster for the parties to reach a resolution, file an adverse possession action and submit a stipulated judgment and order. Silly that two affected landowners can’t do exactly what RCW 58.04.007 says they can do. 

Sam


Samuel M. Meyler
Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, WA 98109
Main: 206-876-7770
Fax: 206-876-7771
Direct: 206-876-7772
Email: samuel at meylerlegal.com

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> On Jan 12, 2023, at 7:53 AM, Paul Okner <paul at fremontlawgroup.com> wrote:
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> 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?
> 
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> 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.
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> 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.
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> Many thanks,
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> 
> -Paul Okner
> 
> Fremont Law PLLC
> 3429 Fremont Pl. N.,  Suite 305
> Seattle, WA 98103
> (206) 399 - 1922
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