[WSBARP] rejection re Abbreviated Legal Description on recorded document

[Craig Gourley]

As another old guy, I am with Tom. I never use an abbreviated legal description except on the first page if the true legal is large and needs to be an exhibit. I also never trust anything on the assessor's web site as having any legal authority.  If I can't get a legal description from the title company I use the legal contained in the last recorded deed or DOT with the disclaimer to the client that it may not be accurate due to BLA's or easements recorded subsequent to the recording of the source document and they instruct me to use it anyway.

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of TJW <tjw at w3net.net>
Sent: Monday, September 18, 2023 5:44:22 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] rejection re Abbreviated Legal Description on recorded document


Hello Joshua,



I was taught many years ago to always use the full legal description in all deeds and contracts, etc. So that has always been my practice. I have never believed that the abbreviated legal from the Assessor or even a title company is the correct way to describe the property. But then I’m into this profession for 50 years now and may just be an old guy that hasn’t kept up with the times.



Sincerely,



Tom



Thomas J. Westbrook

Attorney at Law



[cid:image002.jpg at 01D9EA57.C1D534D0]

324 West Bay Drive NW, Suite 201

Olympia, WA 98502

(360) 866-4000 phone

(360) 866--3832 fax

www.buddbaylaw.com<http://www.buddbaylaw.com/>



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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Joshua Grant
Sent: Monday, September 18, 2023 3:25 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] rejection re Abbreviated Legal Description on recorded document



I just received a letter from a County Auditor who advised that an abbreviated legal description I used “is not accurate” citing RCW 65.04.045.  I looked at that statute and see that it was last amended in 2005.  Notwithstanding using, what the county shows as an abbreviated legal on their Assessor’s website, hundreds of times since 2005,  the Auditor now advises that what must be used is “the name of the Plat, do not use Org. or Orig Add”.  The statute reads”  "abbreviated legal description of the property" means lot, block, plat, or section, township, range, and quarter/quarter section,”..  The name of many of the Town “plats” in this area are shown as Original Addition to the Town of ______.  Or “Railroad Addition to the Town of ______.”  The auditor goes on to say “The Assessor’s website should not be used to obtain property descriptions.  If you need help with a legal description or an abbreviated legal description, please contact a title company or surveyor”.   My guess is that some memo has come from the State, possibly the Department of Revenue, Excise Tax section??? Because this isn’t a new statute.  It’s not bad enough that the recording fee is now over $200 for the first page… but now we have to get a title report to record a simple gift deed?

Anyone have any authority to counter the legal advice I have received from an Auditor’s Office?

Thanks

Josh



Joshua F. Grant
[cid:image003.png at 01D9EA57.C1D534D0]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

jgrant at advocateslg.com<mailto:jgrant at advocateslg.com>


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