[WSBARP] Boundary Line Agreement - issues with title

[Bryce Dille]

Unfortunately, there is no exemption in the subdivision code in King County, or the city of Seattle, or in a lot of other counties and municipalities for a court ordered division of property so so that if you follow that process You need to make sure that the resulting parcels still have the same zoning and building, set back and density requirements that may be necessary for the development of the property. I  I believe there is one Washington case. Either in the court of appeals, or supreme court that ruled on this issue.

Bryce H. Dille
Dille Law, PLLC
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

On Jan 12, 2023, at 8:52 AM, Meyler Legal, PLLC <samuel at meylerlegal.com> wrote:

 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:


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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