[WSBARP] rejection re Abbreviated Legal Description on recorded document

Tue Sep 19 09:28:17 PDT 2023

Sometimes you can get the full legal description by looking the property up on Washington Digital Archives.  I always use the full legal description, but I don’t type it out.  I copy and paste from some reliable source because in law school it was suggested that typing it out may cause a typo which would invalidate the description.

Susan

SUSAN DONAHUE

Law Office of Susan Donahue

125 West 2nd Avenue, Suite "B"

P.O. Box 81

Twisp, WA 98856

 <mailto:sdonahue at sdonahuelaw.com> sdonahue at sdonahuelaw.com

509-996-5944 (phone)

509-362-9692 (fax)

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Brent Williams-Ruth
Sent: Tuesday, September 19, 2023 8:45 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] rejection re Abbreviated Legal Description on recorded document

I would simply add that I have established relationships with a couple different title companies and when I am doing a transfer I am able to obtain a property report from the title company at no charge. Yes, it takes an extra step of me writing to them but what I get in return is their internal report and then a copy of the last recorded Deed or DOT. 

The various recording entities are truly modern day examples of a fiefdom that just love to keep people on their toes. 

Good luck!!

Brent Williams-Ruth (pronouns: he/him)
Attorney-At-Law

Law Offices of Brent Williams-Ruth, a division of BWR Consulting, PLLC

Physical Address: 500 S 336th Street, Suite 214; Federal Way, WA 98003

**EFFECTIVE IMMEDIATELY** All mail sent through the USPS should be sent to the following address: PO BOX 3319; Federal Way, WA 98063 

Office/Scheduling Phone: (253) 285-7751

Direct: (253) 285-7453

e-mail <mailto:Brent at Williams-RuthLaw.com>  / website <http://www.williams-ruthlaw.com/>  /  <http://www.facebook.com/bwrlaw> facebook / 

On Tue, Sep 19, 2023 at 8:33 AM Craig Gourley <craig at glgmail.com <mailto:craig at glgmail.com> > wrote:

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.  

Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android <https://aka.ms/AAb9ysg> 

  _____  

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 TJW <tjw at w3net.net <mailto:tjw at w3net.net> >
Sent: Monday, September 18, 2023 5:44:22 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com <mailto: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

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/> 

COVID POLICY:

Our firm continues to follow guidance from the CDC and Governor Inslee’s office regarding social distancing and the wearing of face coverings, and we encourage the public and our clients to do the same.  Our staff is still working remotely much of the time so electronic communication by phone and email continues to be encouraged.  We appreciate your patience and understanding.

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 Joshua Grant
Sent: Monday, September 18, 2023 3:25 PM
To: wsbarp at lists.wsbarppt.com <mailto: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

P. O. Box 619
Wilbur, WA 99185
509 647 5578

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

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com> 
http://mailman.fsr.com/mailman/listinfo/wsbarp

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20230919/a3f206ad/attachment.html>