[WSBARP] Boundary Line Agreement - issues with title

[samuel at meylerlegal.com]

Good to know, Greg.  My gut tells me that if someone asks the powers that be in Seattle and King County, their default response is to say that the individuals need to go through their review process but if you just proceed under RCW 58.04.007, they have no real basis to reject or deny.  Someone needs to set Chicago Title straight on the issue though.  

 

Sam

 

 

Samuel M. Meyler

Meyler Legal, PLLC 

1700 Westlake Ave. N., Ste. 200

Seattle, Washington 98109

Tel:  206.876.7770

Fax:  206.876.7771

Email:   <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

  

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Gregory L. Ursich
Sent: Thursday, January 12, 2023 8:38 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Boundary Line Agreement - issues with title

 

Paul: Call me about this. The advice given below through Chicago Title, is legally and factually incorrect.   

    I am hired regularly by Chicago Title since 1995 to resolve title claims, including boundary disputes. We often use a boundary line agreement under RCW 58.04.007, including in King County and in Seattle to resolve these. In over 25 years of doing these in Seattle and King County I have never once have one come back to “bite me” in Seattle or King County. They create insurable title and are absolutely legal and enforceable. What you got back ( and I do not know who at Chicago Title said this, but it is wrong and no violation of subdivision statutes exist since the BLA is a statute itself) is just not correct or supported by any law in the state of Washington. My office number is 425-450-4258. Please call me and I can further explain. -Greg Ursich, Inslee Best

Sent from my iPhone





On Jan 12, 2023, at 7:50 AM, Paul Okner <paul at fremontlawgroup.com <mailto:paul at fremontlawgroup.com> > wrote:

 

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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