As anyone who has taken a fairly close review of my work knows, I look for, find, and seek to find harmony. This includes harmony in patterns. There is one pattern which has emerged so many times that I have decided to give it a name – the title of this post – Boundary Disputes’:
When Fencing … Touch! You can not … Thrust.
Recently, I was involved in a mediation which raised an important point about what to do when you are putting up a fence. I thought I would take a moment to spell out some basics so that you don’t end up with a mess ten years down the road.
The overarching point is spelled out
Adverse Possession’s Flaw and How to Fix It
Adverse possession is a law which allows an owner of land to do two things (1) disallow stale claims for the ownership of the totality of the property and (2) to claim ownership of land which is beyond the titular bounds of a legal description as determined by surveyors after having conducted a retracement survey.
Perfection v. Recognition
A repeatedly misunderstood concept which occurs in a legal contests involving adverse possession is the difference between perfection and recognition.
Perfection is what happens in the vast majority of cases when all of the elements of adverse possession have been satisfied. For my jurisdiction of Washington State, this is actual possession which is (a) open
Reversionary Interests – Remedies Clinic Option III
Reversionary Interests are used to provide for changed uses of the land if a pre-defined event occurs. This is very similar to a license which ceases to be effective at the time of real property disposition by sale or death – but another “trigger” may be used to allow or cause the transfer.
The legal
License – Remedies Clinic Option II
Just as with a Quit Claim Deed, the surveyor has been out and the title line and current line of occupation don’t line up. Your wallet isn’t lined with an extra several $10,000s to sort out the issue. Moreover, so long as your neighbor doesn’t try to later hornswoggle you, you do realize that
Quit Claim Deed – Remedies Clinic Option I
A Quit Claim Deed (“QCD”) for the titled boundary holder provides a permanent resolution with the greatest ease. The time and cost associated with its production – once having become the agreed solution – are also the lowest of all remedy methods.
Also, if this approach can be established instead of a lawsuit, the signal
Remedies Clinic Commencement
Surveyor has been out and now you either want to tear your neighbors’ heads off because they have “stolen” your land (i.e. you are the title holder who believes you are being short-changed). Or perhaps you have “always owned” land beyond what the surveyor indicates and you darn well want to make sure to protect
King County Washington Property Research Part III of III – Getting the Chain of Title
Hello World. It’s been quite some time since I’ve given you a shout out through this blogsite. Instead, you may have found some of my ruminations in the King County Bar Association’s Bar Bulletin. [Sorry, “The Bur Bulletin is for paid KCBA Members only.” You don’t trust me on this one? Ok, the work around
King County Washington Property Research Part II of III – Now Get An Aerial View
With your King County Parcel Number, now you can seek to gain an aerial view of your property in inquiry and see the rough – yes rough – contour(s) of what is presumed by the county auditor’s office to be the boundary lines associated with your property.
Now you will want to go to