6266-S AAS 2/9/96 MORT

SSB 6266 - S AMD   078

By Senator Morton

                                                    ADOPTED 2/9/96

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  The purpose of this chapter is to provide alternative procedures for fixing boundary points or lines when they cannot be determined from the existing public record and landmarks or are otherwise in dispute.  This chapter does not impair, modify, or supplant any other remedy available at law or equity.

NEW SECTION. Sec. 2.  As used in this chapter, "surveyor" means every person authorized to practice the profession of land surveying under the provisions of chapter 18.43 RCW.

NEW SECTION. Sec. 3.  Whenever a point or line determining the boundary between two or more parcels of real property cannot be identified from the existing public record, monuments, and landmarks, or is in dispute, the landowners affected by the determination of the point or line may resolve any dispute and fix the boundary point or line by one of the following procedures:

    (1) If all of the affected landowners agree to a description and marking of a point or line determining a boundary, they shall document the agreement in a written instrument, using appropriate legal descriptions and including a survey map, filed in accordance with chapter 58.09 RCW.  The written instrument shall be signed and acknowledged by each party in the manner required for a conveyance of real property.  The agreement is binding upon the parties, their successors, assigns, heirs and devisees and runs with the land.  The agreement shall be recorded with the real estate records in the county or counties in which the affected parcels of real estate or any portion of them is located;

    (2) If all of the affected landowners cannot agree to a point or line determining the boundary between two or more parcels of real estate, any one of them may bring suit for determination as provided in RCW 58.04.020.

NEW SECTION. Sec. 4.  Any surveyor authorized by the court and the surveyor's employees may, without liability for trespass, enter upon any land or waters and remain there while performing the duties as required in sections 1 through 4 of this act.  The persons named in this section may, without liability for trespass, investigate, construct, or place a monument or reference monuments for the position of any land boundary mark or general land office corner or mark and subdivisional corners thereof.  Persons entering lands under the authority of sections 1 through 4 of this act must exercise due care not to damage property while on land or waters performing their duties, and are liable for property damage, if any, caused by their negligence or willful misconduct.  Where practical, the persons named in this section must announce and identify themselves and their intention before entering upon private property in the performance of their duties.

NEW SECTION. Sec. 5.  A person who intentionally disturbs a survey monument placed by a surveyor in the performance of the surveyor's duties is guilty of a gross misdemeanor and is liable for the cost of the reestablishment.

NEW SECTION. Sec. 6.  RCW 58.04.010 and 1895 c 77 s 9 are each repealed.

NEW SECTION. Sec. 7.  Sections 1 through 5 of this act are each added to chapter 58.04 RCW.

    Sec. 8.  RCW 58.04.020 and 1886 p 104 s 1 are each amended to read as follows:

(1) Whenever the boundaries of lands between two or more adjoining proprietors ((shall)) have been lost, or by time, accident or any other cause, ((shall)) have become obscure, or uncertain, and the adjoining proprietors cannot agree to establish the same, one or more of ((said)) the adjoining proprietors may bring ((his)) a civil action in equity, in the superior court, for the county in which such lands, or part of them are situated, and ((such)) that superior court, as a court of equity, may upon ((such)) the complaint, order such lost or uncertain boundaries to be erected and established and properly marked.

(2) The superior court may order the parties to utilize arbitration before the civil action is allowed to proceed."

SSB 6266 - S AMD

By Senator Morton

                                                    ADOPTED 2/9/96

    On page 1, line 2 of the title, after "boundaries;" strike the remainder of the title and insert "amending RCW 58.04.020; adding new sections to chapter 58.04 RCW; repealing RCW 58.04.010; and prescribing penalties."

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