How To Efficiently Adjust Property Lines In Washington State
A friendly quiet-title lawsuit is usually the most efficient option to adjust property lines in Washington State.
You and your neighbor just settled a property line dispute with a handshake. Now you figure you must head down to City Hall to fill out a boundary line adjustment application (“BLA”). But your most efficient route to an adjusted boundary line is likely… litigation? Actually, yes.
Most city/county BLA processes are lengthy and time-consuming. The city/county commonly requires the parties obtain a full Record of Survey from a surveyor. The city/county then frequently requires several rounds of additional documentation, even after the parties have paid for the survey. Worse, in the end, BLA’s are commonly denied for various reasons, such as if the city/county determines the new parcels would violate zoning laws.
Instead, the “friendly quiet-title” lawsuit may be your best option. The process is efficient: Both sides hire real estate lawyers and inform the lawyers of the handshake agreement (assuming the lawyers were not already involved). The lawyers hire a surveyor to generate legal descriptions for (a) the transferred “strip” of land and (b) the post-adjustment parcels. Often, the expense of a full Record of Survey can be avoided. Next, one of the lawyers files a lawsuit and simultaneously presents a stipulated order to the judge, i.e. an order signed by both lawyers showing the parties agree on the new property lines. The order is signed by the judge, filed with the court, recorded with the county auditor, and that is it… the property line is moved in accordance with the handshake agreement.
If any zoning nonconformities are created via the friendly quiet-title suit, they will very likely be ignored by the city/county. However, be aware that any zoning issues created by the adjustment (such as setbacks issues or maximum lot coverage issues) may limit or preclude future building / expansion of improvements on the adjusted parcels of real estate. If the owners have plans to build, they should tell their lawyers up front so potential zoning issues can be addressed first thing.
One final note: Owners have the option of adjusting property lines by agreement via RCW 58.04.007 (http://apps.leg.wa.gov/rcw/
In short, the best means of adjusting a property line is often by court order.
BERESFORD BOOTH has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice.