[WSBARP] County Refuses to Process Boundary Line Agreement
Gregory L. Ursich
gursich at insleebest.com
Fri Jun 28 09:20:27 PDT 2024
Well, the boundary line agreement is already valid and effective. However, if a subsequent Boundary Line Adjustiment would create a substandard lot below minimum zoning, then the County is within its rights to deny that. They are not denying the BL Agreement, I think what they are saying is after the BL Agreement the client cannot then do a BL Adjustment that creates a substandard lot. So they suggested undoing the BL Agreement to make the BL adjustment work.
You could do that and then follow up with a. Friendly quiet title action on that adverse possession line, and county again would have no say. -Greg Ursich
Sent from my iPhone
On Jun 28, 2024, at 3:23 PM, Jeff at bellanddavispllc.com wrote:
Yes, both the boundary line agreement and survey have been recorded. They county is saying it won’t process it, what ever that means. This is coming at the time the client is going through a boundary line adjustment for the entire parcel to divide it. I think they are threatening the survivor that they wont approve the adjustment unless the boundary line agreement(s) are redone as boundary line adjustments. If that’s the case the surveyor already told the county person that the adjustment for that line would not be approved as it would reduce the adjoining parcels below the zoning size requirements.
What a catch-22.
Jeff
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>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>
The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com> or call 360.683.1129.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Gregory L. Ursich
Sent: Friday, June 28, 2024 1:19 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] County Refuses to Process Boundary Line Agreement
Jeff; The boundary line agreements under RCW 58.04.007 are state law that preempts local regulation of this, when it is a disputed line like this as adverse possession. You should never “submit these to the county/city for approval”. You simply record the boundary line agreement that includes conveyance language and is signed by both property owners in same manner and form as a deed, along with recording a record of survey that the boundary line agreement references.
Has the boundary line agreement and survey been recorded? If not, just have everyone resign and if necessary get a new original signed record of survey from the surveyor to record along with it.
I’m on vacation right now, but happy to discuss when I get back July 11. I regularly teach CLE’s on this topic and when to use in the correct situations BL Agreements, BL Adjustments, and quiet Title actions. -Greg Ursich, Inslee Best
Sent from my iPhone
On Jun 28, 2024, at 12:01 AM, Mark Anderson <marka at mbaesq.com<mailto:marka at mbaesq.com>> wrote:
So what’s the diff? Did they say?
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St Ste 209 PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
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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 2:15 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] County Refuses to Process Boundary Line Agreement
Sorry, the county said they “should” have done a boundary line adjustment, without explaining why. Oh I am getting this from the surveyor who helped with the Agreements
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>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>
The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com> or call 360.683.1129.
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 Mark Anderson
Sent: Thursday, June 27, 2024 2:01 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] County Refuses to Process Boundary Line Agreement
What do you mean by “the landowners would have done boundary line adjustments”?
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St Ste 209 PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.
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>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>
The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at info at bellanddavispllc.com<mailto:info at bellanddavispllc.com> or call 360.683.1129.
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