[WSBARP] County Refuses to Process Boundary Line Agreemen, but

[Julie Nichols]

There is also an AGO from 2005 that provides some analysis:

Authority of county to impose procedural requirements on recording of property boundary disputes resolved by agreement | Washington State <https://www.atg.wa.gov/ago-opinions/authority-county-impose-procedural-requirements-recording-property-boundary-disputes> 

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of scott scottgthomaslaw.com
Sent: Thursday, June 27, 2024 3:02 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] County Refuses to Process Boundary Line Agreemen, but

 

This comes up every so often, you can search through the list serv archives.  Suffice to say that there are strong opinions on both sides of the questions of whether the statute prevents local governments from imposing an administrative process.  There is very little case law interpreting 58.04.007, and many local governments will refuse to issue a permit until their process is completed.  I understand that at least some title companies will take issue with a BLA that has not been approved by the local government (not to mention lenders, who may be losing a portion of the property that secures their debt, but that is probably a related issue.) 

On 06/27/2024 2:00 PM PDT Mark Anderson <marka at mbaesq.com <mailto:marka at mbaesq.com> > wrote: 

  

  

What do you mean by “the landowners would have done  boundary line adjustments”?

 

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
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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 Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Thursday, June 27, 2024 1:44 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] County Refuses to Process Boundary Line Agreement

 

Listmates:

 

This is a first.  Adjoining landowners enter into, and record, Boundary Line Agreements adjusting the lines between their properties based upon a fence that has been in existence for over thirty years.   County now says, without explanation, the landowners would have done  boundary line adjustments, and have stopped processing the Boundary Line Agreements.  I see nothing in RCW 58.04.007 that allows the County to take such action.  Have any of you run into this before?

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com> 
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