2794

AN ACT Relating to the establishment of lost and uncertain boundaries; adding new sections to chapter 58.04 RCW; and repealing RCW 58.04.010, 58.04.020, 58.04.030, and 58.04.040.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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

NEW SECTION. Sec. 2. As used in this chapter:

(1) "Department" means the department of natural resources;

(2) "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 corner, 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 corner, point, or line by one of the following procedures:

(1) If all of the affected landowners agree to a description and marking of a corner, point, or line determining a boundary, they shall document the agreement in a written instrument, using appropriate legal descriptions and including a survey map, which 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 corner, point, or line determining the boundary between two or more parcels of real estate, they may agree to refer the dispute to the department for resolution as provided in section 4 of this act; or

(3) If all of the affected landowners cannot agree to a corner, point, or line determining the boundary between two or more parcels of real estate, and cannot agree to refer the dispute to the department as provided in subsection (2) of this section, any one of them may bring suit for determination as provided in section 5 of this act.

NEW SECTION. Sec. 4. (1) Upon receipt of a request under section 3(2) of this act, the department may proceed to fix the location of the disputed corner, point, or line if: (a) The request is agreed to by all of the affected landowners; (b) the requesting parties agree to be bound by the determination of the department and waive any right of appeal or collateral legal challenge; and (c) the requesting parties agree to bear the full cost of any necessary surveys, recordings, and administrative costs equally or otherwise as may be agreed upon.

(2) To fix the location of disputed corners, points, or lines pursuant to this section the department shall appoint, subject to the approval of the requesting parties, one or more disinterested surveyors to review the public record, monuments, landmarks, and other documentary and physical references and shall prepare a survey fixing the disputed corners, points, or lines. The appointed surveyor or surveyors shall submit to the department a written report including their findings, recommendations and survey maps. The department shall issue a final determination based upon the report and recommendations. The final determination shall be in writing and shall include appropriate legal descriptions and survey maps. The final determination shall be filed with the real property records in each county in which the affected parcels of real estate or any portion of them is located and any survey maps shall be filed in accordance with chapter 58.09 RCW.

(3) The department shall adopt rules as necessary to implement this section.

NEW SECTION. Sec. 5. (1) A landowner may commence a civil action in superior court to fix the location of a disputed corner, point, or line which determines the boundary between two or more parcels of real estate. The action shall be filed in the superior court for the county in which the disputed corner, point, or major portion of the line are located and the plaintiff must join as defendants the landowners of all parcels of real estate with boundaries which may be affected by the action. The complaint shall recite that it is seeking a determination under the authority and procedures provided in this chapter. Service of process shall be made in accordance with the statutes and rules governing civil actions affecting ownership of real property.

(2) Within ninety days of the filing of an action under this section, the court shall conduct a preliminary hearing for the purpose of determining that all necessary parties have been joined in the action and, if appropriate, appointing a panel of three referees who are each disinterested surveyors. When selecting surveyors as members of the panel of referees, the court may request the recommendations from the board of registration for engineers and land surveyors. When appointing the panel of referees, the court shall enter an order making the appointments, defining the scope of responsibilities, establishing time limits, and fixing the terms of referees' compensation and payment of expenses. Expenses may include the employment of assisting staff persons.

(3) The panel of referees, subject to any limits and requirements established by the court, shall review the public record, monuments, landmarks, and other documentary and physical references and shall prepare a survey fixing the disputed corners, points, and lines. The panel shall submit a report including findings, recommendations, and survey maps, to the court.

(4) Upon receipt of the report of the panel of referees, the court shall conduct a hearing at which the referees may be examined by any of the parties regarding the basis of their report, recommendations, and survey. The court may adjourn the hearing from time to time and request the members of the panel of referees to make further investigation or conduct additional surveys. Upon conclusion of the hearing, the court shall enter a judgment fixing the location of the disputed corners, points and lines and approving final survey maps. The judgment shall be filed with the real property records in each county in which any of the affected parcels of real estate or any portion of them is located and the final survey maps shall be filed in accordance with chapter 58.09 RCW.

(5) The court shall assess all costs, fees, and expenses authorized to be paid to or on behalf of the panel of referees against the parties to the action in amounts and proportions that the court deems just. The costs, fees, and expenses so apportioned shall be a lien upon each affected parcel of real property, severally, as against any transfer or incumbrance made, or attaching to the parcel, from the time of the filing of the complaint or the filing of a notice of lis pendens, whichever is later.

(6) In the event that any one or more of the appointed referees should refuse appointment or after accepting appointment resign, or cease to be fit or qualified to continue, the court shall terminate the appointment and appoint a replacement referee unless the work of the panel is near conclusion and, at least, two of the members remain, in which event, the court may elect not to replace the third member.

NEW SECTION. Sec. 6. Any surveyor or any assistant, staff, or agent of any surveyor acting under an appointment by the department of natural resources or superior court under this chapter may, in any reasonable manner and at any reasonable time, go upon or across any lands necessary to complete any investigation and survey.

NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:

(1) RCW 58.04.010 and 1895 c 77 s 9;

(2) RCW 58.04.020 and 1886 p 104 s 1;

(3) RCW 58.04.030 and 1886 p 105 s 2; and

(4) RCW 58.04.040 and 1886 p 105 s 3.

NEW SECTION. Sec. 8. Sections 1 through 6 of this act are each added to chapter 58.04 RCW.