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ENGROSSED SUBSTITUTE SENATE BILL 6266
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AS AMENDED BY THE HOUSE
Passed Legislature - 1996 Regular Session
State of Washington 54th Legislature 1996
Regular Session
By
Read first time 02/02/96.
Establish lost and uncertain
boundaries.
AN ACT Relating to the
establishment of lost and uncertain boundaries; amending RCW 58.04.020; adding
new sections to chapter 58.04 RCW; repealing RCW 58.04.010; and prescribing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
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 mediation before the civil action is
allowed to proceed.
