[WSBARP] Recording Deeds in Connection with either a Boundary Line Adjustment or Boundary Line Agreement

[Bryce Dille]

That the counties that I deal with where you want to record a boundary line agreement that has any kind of convinced language not be recorded without an excise tax affidavit the boundary line survey can be recorded without an affidavit since there is no conveyance language in the survey I've seen however boundary line agreements that do not have convinced language and then in accordance with the agreement a separate deed is executed in which case the agreement does not require an affidavit but of course the deed would since it has the convenience language

Bryce H. Dille
Dille Law, PLLC
1800 Cooper Point Road SW Bldg 11
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**




[R_Alan_Swanson-WH-200]

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Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Nelsen
Sent: Thursday, October 30, 2025 10:23 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Recording Deeds in Connection with either a Boundary Line Adjustment or Boundary Line Agreement

Huh-I don't know. Interesting that the surveyor appears to just record the deeds without REETAs. WAC 458-61A-109(4) states:

(4) Documentation. In all cases, an affidavit is required to record the new property line.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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, October 30, 2025 9:55 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Recording Deeds in Connection with either a Boundary Line Adjustment or Boundary Line Agreement

Eric,

Thank you for this.  My confusion is in speaking with a really good surveyor from Port Angeles, with whom I have done numerous boundary line agreements, he asked me whether you really need a REETA.  I told him I thought to record any deed you needed to also file a REETA with the treasurer.  In my dealings with him, I just gave him the deeds and he recorded them with his survey and boundary line agreement, with him also filling in the recording numbers as indicated.  I know I should have asked him how he recorded the deeds without a REETA, but I thought I would try and find out myself.  Is there something in either statutes (for BLA's and Boundary Line Agreements) that gets rid of the requirement for the REETA?

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<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.bellanddavispllc.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=PQZix9x6PTuJtFESIcffJwQblUBCKrGZl-eJXnbbmPpov9NcodGGq5dM8k-OrPDW&s=XS4byRMQlau0TBdQRIBiO8JZs_irdKu1-xtjrPr2WKA&e=>

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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 Eric Nelsen
Sent: Thursday, October 30, 2025 9:48 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Recording Deeds in Connection with either a Boundary Line Adjustment or Boundary Line Agreement

Every deed needs a REETA, unfortunately. But the good news is there is a potential exemption:
https://app.leg.wa.gov/WAC/default.aspx?cite=458-61A-109<https://urldefense.proofpoint.com/v2/url?u=https-3A__app.leg.wa.gov_WAC_default.aspx-3Fcite-3D458-2D61A-2D109&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=PQZix9x6PTuJtFESIcffJwQblUBCKrGZl-eJXnbbmPpov9NcodGGq5dM8k-OrPDW&s=Agtj-WC49tEkBk0dYggKyDlIvWNp3iM-zTjgmIVpKnQ&e=> - see subsec. (2)(b). You might need to attach a narrative to the affidavit, to explain the settlement and confirm that there is no additional consideration beyond the boundary adjustment.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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, October 30, 2025 6:21 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Recording Deeds in Connection with either a Boundary Line Adjustment or Boundary Line Agreement

Listmates:

I find no WAC exemption under WAC 458-61A-200 section covering recording deeds under either a Boundary Adjustment, with county approval, or a Boundary Line Agreement.  I have never had to record such deeds as they were always handled by the surveyor.  A surveyor asked me if you really need an REETA to record such deeds.  I gather they do not.  But you still need to have the County Treasurer's office sign off on the deed, at least for a bla, saying that all real estate taxes have been paid for the year.  Have any of you dealt with this?

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<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.bellanddavispllc.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=ZjJT61sMYHYXW1a7W0qvaz-zO3o_Ea2RRxXvW5Yr3-0&m=PQZix9x6PTuJtFESIcffJwQblUBCKrGZl-eJXnbbmPpov9NcodGGq5dM8k-OrPDW&s=XS4byRMQlau0TBdQRIBiO8JZs_irdKu1-xtjrPr2WKA&e=>

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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