[WSBARP] Chain of Title Question

Tue Sep 22 12:00:04 PDT 2026

Dear Katie:
Thank you tremendously for your substantive response.  I will review the bill of sale again to see if and how it connects the cabin to the land.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 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/>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Katie Smith Patel
Sent: Tuesday, September 22, 2026 10:36 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Chain of Title Question

Mark, I just had a similar issue and opted to solve it by loosely describing the chain of title in the bill of sale.  In my case, there was an incorrect warranty deed referencing real property which mischaracterized the interest being transferred.  I do not believe chain of title anomalies like these are likely to cause a practical problem moving forward, particularly when the Forest Service authorization is relinquished by the selling party and they reference the correct party who then applies for and obtains the new authorization.  My bill of sale we are about to record looks something like this:

BILL OF SALE

                For good and valuable consideration, the receipt and sufficiency of which are acknowledged, ___________________________, Trustees of the _________ Trust dated ________ ("Seller"), hereby sell, assign, transfer, and deliver to ______ and __________, spouses married to each other ("Buyer"), all of Seller's right, title, and interest in and to the recreation residence and related privately owned improvements, furnishings, equipment, and other personal property located at:

Lot ______________, Lake of the Woods Tract, in Klamath County, Oregon

situated on land owned by the United States and administered by the United States Forest Service (the "Cabin").

Seller's interest in the Cabin is the same interest referenced in that certain Quitclaim Deed recorded ____________________, as Document No. ____________________ in the Official Records of Klamath County, Oregon.

This Bill of Sale conveys Seller's interest in the privately owned Cabin and does not convey any ownership interest in the underlying federal land. The parties acknowledge that the applicable United States Forest Service special use authorization is not transferable and that Buyer will apply to the Forest Service for the authorization necessary for their continued use and occupancy of the Cabin.

The highlighted part is where I tried to connect the chain of title without going to too much trouble.  In this case, the sellers were a married couple who transferred to their trust without having a new authorization issued to their trust (I was not involved in that transfer).  I advised them to possibly expect the Forest Service to charge them an additional transfer fee for that when this sale gets processed.  My understanding is that the Forest Service will title authorizations in the name of a qualified trust in which the sole asset is the property related to the authorization.

So to more briefly answer your question, I would personally not bother to record a bunch of separate documents, but try to succinctly as possible explain how the chain of ownership connects to whatever was last recorded.  Feel free to call me if you have more questions as I just put together documents for a similar sale.

Best regards,

Katie Patel
Paraclete Estate Planning, LLC
(541) 499-9085 (direct)
112 Genessee Street
Medford, OR 97504

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: Monday, September 21, 2026 2:08 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Chain of Title Question

In this case, the USFS lease (as evidenced by the permit) was at all times held by an individual (initially in the name of Husband and now in the name of Beneficiary).  However, the ownership interest in the cabin itself was first held by Husband and Wife, then the Trust and Wife, and then just the Trust.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 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 Heather de Vrieze
Sent: Monday, September 21, 2026 1:53 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Chain of Title Question

I was always under the impression that the USFS leases had to be held individually, and while the owner could "assign" the interest to a trust, the USFS would not lease to the Trust.
Heather
Heather S. de Vrieze
(she/her)
Attorney-at-Law
[cid:image001.jpg at 01DD4A89.E6A10470]
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com<mailto:heatherd at westseattlelaw.com>
www.westseattlelaw.com<http://www.westseattlelaw.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 Mark Anderson
Sent: Monday, September 21, 2026 12:02 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Chain of Title Question

Dear All:
Question summary: Does ownership of real property improvements (and not the real property itself) require an unbroken chain of title?
Background: Husband and Wife owned a cabin located on property leased by the US Forest Service.  The USFS permit was in Husband's name.  Husband died.  Husband's Will provided that all of his Estate was to be transferred into a Revocable Living Trust of which Husband and Wife were the Trustors.  No document was ever recorded that transferred Husband's interest in the cabin into the Trust.
Later, while Wife was still alive, Husband and Wife's Son executed a document that purportedly transferred all of Wife's interest in the cabin to the Trust under a Power of Attorney.  As was the case with Husband, it appears that no document was ever recorded to give effect this transfer.  Wife subsequently died.
Son, as Successor Trustee of the Trust, has executed and is preparing to record a Bill of Sale from the Trust to a Beneficiary of the Trust.  USFS has already issued its permit to the Beneficiary.
Does Son need to any record documents that evidence of transfer of ownership of the cabin from Husband and from Wife into the Trust?  Or would chain of title to the cabin not really be an issue for subsequent owners?
In advance, thanks for your input here.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 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.

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