[WSBARP] Boundary Line Agreement - issues with title

[Bryce Dille]

My experience is that these are difficult to get and the lenders (some) put you thru all sorts of hoops and payment of fees to get them and the toughest part is finding someone to make the request thru

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Gregory L. Ursich
Sent: Monday, January 16, 2023 12:01 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Boundary Line Agreement - issues with title

Bryce; Yes that is true and I do seek partial reconveyances from a lender in that situation. -Greg
Sent from my iPhone


On Jan 16, 2023, at 1:30 PM, Bryce Dille <Bryce at dillelaw.com<mailto:Bryce at dillelaw.com>> wrote:

It goes without saying but sometimes no attention is paid to the fact that if there a lender is involved in  in the property whose lines are being revised and that one party will be quitclaiming a portion of their property to the neighbor in accordance with the agreement the lender will have to release their interest in property being conveyed other wise if that party receiving the property goes to sell before the loan is paid off by the neighbor clear title cannot be given since the deed of trust is still of record on the strip conveyed pursuant to the BLA.

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

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 Gregory L. Ursich
Sent: Saturday, January 14, 2023 9:23 PM
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

Lenders will lend with a boundary line agreement properly done and on title.  The insuring clauses of a title policy are through Schedule A, which defines by legal description the property insured. The BLA that is properly executed and prepared with a record of survey, and both recorded, will modify title to the new line.  The Schedule B exception as to the BLA itself, is just saying that if for some reason the BLA is invalidated for being improperly drafted, they will not defend that document.  But, that will never happen if it is performed correctly.  I use BLA’s to resolve title claims for the largest title insurers in this state. Maybe title guru Dwight Bickel can weigh in here.  But, it has never been a problem. -Greg

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Gregory L. Ursich | Shareholder
Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
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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 John McCrady
Sent: Thursday, January 12, 2023 9:10 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

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>



Beginning July 26, 2021, recording fees for most documents recorded in Washington will increase by $100<https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Schedule-Effective-Jul-25-2021->. Please be sure to collect recording fees accordingly. Due to the above increase, our Reconveyance fees will also be increased by $100.00

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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 Kary Krismer
Sent: Thursday, January 12, 2023 8:41 AM
To: wsbarp at lists.wsbarppt.com<mailto: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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