[WSBARP] rejection re Abbreviated Legal Description on recorded document

[Mark Anderson]

I won't comment on my age, but...

My understanding is that the abbreviated legal description in the heading of a deed (along with the parcel number) is used for the Department of Revenue to connect that deed with a particular piece of real property.  Notwithstanding the language of the abbreviated legal description in the heading, the body of a deed should always contain the full legal description for the purpose of conveyance.

Sometimes, however, the abbreviated legal description shown on the Assessor's website is not consistent with the full legal description of the property being conveyed.  In those cases, I try to resolve the differences by referring to the vesting documents for the property.  If you are nice, a title company may even be willing to send you a copy of the vesting document(s) at no charge.  After that, if it looks like the Assessor's abbreviated legal description is off the mark, you can always call the Assessor's Office about it.  In my experience, they have been willing to help sort things out.  In one instance, based on a phone call I had with the Assessor's Office, they actually changed the abbreviated legal description that was shown on their website.

As a (perhaps not so) last resort, you can always create your own abbreviated legal description from the full legal description.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Roger Hawkes
Sent: Wednesday, September 11, 2024 7:12 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] rejection re Abbreviated Legal Description on recorded document

I also believe that.  And, yes, I am also an old guy

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
Sent: Monday, September 18, 2023 5:44 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

[cid:image001.jpg at 01DB0432.BD5F7FF0]
324 West Bay Drive NW, Suite 201
Olympia, WA 98502
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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 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
[cid:image002.png at 01DB0432.BD5F7FF0]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
jgrant at advocateslg.com<mailto:jgrant at advocateslg.com>

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