Right.?ÿ In that case there is a conveyance with the quit-claims.?ÿ But my understanding of a boundary line agreement is that there is no planning board review and no conveyance.?ÿ A survey is performed and the deeds are simply re-written to reflect the new line agreed upon by the owners.
Yeah, it sounds like quite a grey area.
Have you ever run into property owners who tried to 'play dumb' about the location of the line in order to move it without going through the planning board review process??ÿ Part of me thinks the typical landowner probably isn't savvy enough to know to try something like that, but I also can't help but think someone must have tried it at some point in this country.
Yeah, we were warned more than once in school about dipping a toe too far into legal matters.?ÿ I think you can't go wrong if you say something like "Your options could be X, Y, or Z but be sure to chat with a lawyer to confirm".
Understanding that boundary is critical. One local bulldog attorney told me the floor for AP is $20,000, goes up from there.
I always tell clients I can write a Legal Description but not a deed.?ÿ
@jph I just wrote a proposal for a lady who simply doesn't trust her neighbor's survey.?ÿ I looked at the survey and it could be right, hard to say without a field trip and more information.?ÿ The proposal basically states that I verify the prior survey establishment, compare it to physical occupation (nothing is shown on the neighbor's mapping) and deliver a report of my findings.?ÿ I'm expecting that she will pay me to reassure her.?ÿ If things get more complicated then we can take it from there.?ÿ Could be easy money....
Washington State effectively grants landowners the power to resolve uncertainties or disputes through a Boundary Line Agreement; the whole point is to avoid having every land dispute wind up in the court system.
All that is required is for the landowners to document their agreement as to the resolved location of the line, record an ROS reflecting that, and it's done. The changes are binding and run with the land. Super easy.
Landowners can also do a Boundary Line Adjustment (when the line is known and not in dispute), but then you start getting into local regulations, as cities and counties have their own requirements for that action and there are applications and fees and all sorts of hoops to jump through.
We definitely point out when either of these is an option for landowners. It's possible to relay the pros and cons of each (from a survey standpoint) without giving legal advice.
lawyer who says that their driveway and fence are encroaching onto the abutter??s land.
The easiest solution would probably be to record an easement and not mess with the boundary.
And if you do get into moving the line, don't forget about consequences like making one lot too small to get permits.
A local lady owns the house where one son and his live-in (nearly 30 years together) lived.?ÿ Son died a couple of months ago.?ÿ The(probable) common law wife says she's not leaving and will fight to keep the dump.?ÿ The lady calls her lawyer, explains everything correctly, he tells her the house is worth less than what his fee would be win or lose and that a judge will do whatever he thinks is the right thing.?ÿ He told her to deed the dump to the (probable) wife and be rid of the headache.?ÿ When you're 83 life is too short to fret over stuff like this.
Edit: Made a huge error.?ÿ I had said the lady called her son, not her attorney.?ÿ To call her son would have been a long distance call to where the phones are made of asbestos, if they have any.
@jph On the other hand, I have another project where I had a big problem with what the surveyor next door did.?ÿ Essentially he took a bite of 3 feet out of the frontage of a 50 foot lot without explanation.?ÿ Getting to the bottom of it all has required me to go way above and beyond the norm to overcome his poorly reasoned map.?ÿ The solution involves extensive deed research back to creation and several interviews with local old-timers.?ÿ This will be a big loser (financially) for everyone except our client but we are seeing it as a community service to set the record straight.?ÿ You are wise to choose your battles carefully, however I encourage you to not take the easy way out just because you may be overwhelmed or too busy.?ÿ This has been one of the most challenging and rewarding projects I have encountered and I feel like I am actually helping someone to find justice
The boundary may have moved already by operation of law. Creating an easement over land with a cloud only serves to muddy the waters even more. It is very easy to write a description and use it in an easement, but that probably won't fix the problem.
Put in the work and help solve the problem (if one exists).
The Washington statute tracks very well with case law and describes the elements well. States should codify it to prevent an errant decision from mucking it up.
After another long and annoying phone call with this woman, I anticipate a project full of more annoying phone calls, emails, etc, that will far exceed my tolerance for her, and will easily blow my budget.?ÿ And it sounds like she has no interest in anything but proving her point and probably going to court.
I'm tapping out, emailed her saying that we're booked solid for the next few months, and she might want to call someone else.
I know it's a cop-out, but a few years ago I reached a point where my tolerance for BS has lowered a lot, and I'm just not in the mood for it.?ÿ Food tastes better, beer seems colder, and I'm slightly less miserable.
@jph Sounds like one for "win" column. The pain in the keister you avoid, is a pain you never feel. She'd be better off finding a crusader with enthusiasm for the project, anyway.