[WSBARP] Boundary Line Agreement - issues with title

Thu Jan 12 09:09:36 PST 2023

It is unfortunate that King County takes that position.  We have many 58.04.007 Boundary Line Resolutions go through in Pierce County without a hitch.  The Assessor has seemingly had no problem accepting them

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com<mailto:j.mccrady at pstitle.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kary Krismer
Sent: Thursday, January 12, 2023 8:41 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Boundary Line Agreement - issues with title

Seemingly that litigation scenario is a bit different than the OP's situation.

I'm not surprised the title company is taking the position that it is.  I had that work to my clients' advantage a couple of years ago.

Generally the title company is the final arbitrator of what is right and wrong, but here it would likely be a future lender.  Would they lend with that exception on the title report?

Kary L. Krismer

206 723-2148
On 1/12/2023 8:17 AM, Jason Burnett wrote:
We just did this in Shoreline—an adverse possession lawsuit between neighbors settled by stipulation.  Court orders not subject to BLA review or process.

Jason W. Burnett
Attorney at Law
Reed Longyear Malnati Corwin & Burnett, PLLC
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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 Roger Hawkes
Sent: Thursday, January 12, 2023 8:07 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com><mailto:wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Boundary Line Agreement - issues with title

One should sue the other and then submit to the court an agreed settlement decree.

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 Paul Okner
Sent: Thursday, January 12, 2023 7:46 AM
To: WSBA Real Property Listserv <WSBARP at lists.wsbarppt.com<mailto:WSBARP at lists.wsbarppt.com>>
Subject: [WSBARP] Boundary Line Agreement - issues with title

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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