Assessor's Plats--State of Washington specific

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Assessor's Plats--State of Washington specific

Posted by MsprouffskeSR. on Jan 28, 2011 4:27 pm

1. A plat (Z) is prepared ca. 1909 but not recorded
2. Tracts are conveyed in reference to lots and blocks of that plat as well as being described by metes and bounds
3. The original plat is altered an unknown number of times.
4. An Assessor's Plat is recorded 30 years later and has significant differences in distances and bearing from existing versions of the unrecorded plat.
5. Conveyances subsequent to recording the Assessor's Plat refer only to the Assessor's Plat.
6. There doesn't appear to be any documents that indicate a reconstruction or amending of the metes and bounds descriptions in the pre-1949 conveyances
7. Tidelands are conveyed from State ownership to private ownership prior to 1949 and described as "in front of Lot X, Block Y, Unrecorded Plat of Z.
8. In 1951 tidelands in front of lots X and Y are conveyed and described as "in front of lots X, Block Y of the Assessor's Plat."

Which description controls the lateral lines of the tidelands? That from the unrecorded plat or the Assessor's Plat?

JBStahl

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Re: Assessor's Plats--State of Washington specific

Posted by JBStahl on Jan 29, 2011 10:56 am

An Assessor's Plat functions in a manner similar to a "correction" plat or "correction" deed. The historical description of the property, while sufficient for identifying which parcel is being conveyed, is discovered to have issues with its dimensions or configurations differing from reality on the ground. The purpose of the Assessor's Plat is to correct the deficiencies in the existing plat through a notice process which requires all of the affected parties to essentially agree on the boundaries as depicted on the plat or to raise their objections during the appeal process. Once completed, the Assessor's Plat simply corrects the dimensions and placement of the boundaries of the parcels involved. It doesn't create new lines; it simply establishes the location of the boundaries and the monuments controlling those boundaries on the ground.

So, with that said, if you were to survey a parcel identified by "Plat Z," you must survey that parcel's boundaries as if they have always been described and controlled by the "Assessor's Plat." The Assessor's Plat parcel is the same parcel as the Plat Z parcel. The boundaries are the same as well. There isn't any Plat Z boundary that could be used to "control the lateral lines of the tidelands." The only boundary location that can be used is the Assessor's Plat boundary which, in the view of the law, is the original Plat Z boundary. An Assessor's Plat does not create new boundaries, it only establishes the location of existing boundaries.

JBS

JBStahl, PLS, CFedS
***May your Boundaries Fall in Pleasant Places*** Ps. 16:6

Radar

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Re: Assessor's Plats--State of Washington specific

Posted by Radar on Jan 29, 2011 3:21 pm

Hi Mick, how are you doing?

I don't know what the rules are like in Utah, but in Washington, the Assessors maps are mostly schematic. They are a good place to start, but for the most part, they shouldn't be relied on for conveying property.

That being said, I've seen some very strange things. I was doing a survey for a road right-of-way take and a came across a deed with a description that said; As shown at the Assessors office. That is it, for the description, nothing more. I went to the the Assessors office and showed them the deed and asked for the description. She looked at me funny and said all she had was the abbreviated tax description. She told me that anyone can file anything they want, with the Auditors office, as long as it was legible, the correct text size and met the margin requirements. I tried finding an example and the web site is down for maintenance.

The Assessors maps in Skagit County do not show any dimensions at all. King County has some excellent tax maps, full of all kinds of good, accurate information. I Hope this link works-Assessors map

I looked through Jerry Broadus's new book and didn't see anything specific to your situation. A deeper search could prove better, if you really needed to know.

So I guess the answer is, as always, it depends.

JBStahl

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Re: Assessor's Plats--State of Washington specific

Posted by JBStahl on Jan 29, 2011 8:07 pm

We're definitely talking about two different things here, Radar. When I read the term "Assessor's Plat" I likened it to an "Assessor's Plat" as they have in Michigan. That's an entirely different thing than an "Assessor's Map" which, in Utah and practically every other state I've seen, pretty much suck. Assessor's Maps are just lousy guesses made by a back-room draftsman/GIS technician. Assessor's Plats in Michigan are administratively approved documents which represent on-the-ground surveys complete with notices to the owners and an official administrative action of acceptance.

I see in WA, an Assessor's Plat is defined in section 58.18.10 of the RCW. Compare that to an Assessor's Plat as defined in 560.201 of the MCL. Looks like two entirely different animals when it comes to binding establishment of boundary lines. The WA Assessor's Plat appears to be just "another guess" as to what someone in the Assessor's office "thinks" would make a better description (not to say that it has any basis other than they might close). The WA Assessor's Plat certainly doesn't follow the strict statutory process as they've defined in Michigan.

JBS

JBStahl, PLS, CFedS
***May your Boundaries Fall in Pleasant Places*** Ps. 16:6

Radar

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Re: Assessor's Plats--State of Washington specific

Posted by Radar on Jan 30, 2011 1:31 pm

Thanks JB,

Yes, there is quite a mess here in WA and sadly it involves expensive waterfront property.

I see this all to often and have a hard time explaining the situation to the people involved. The value of their property is measured by the length of their waterfront so they want every inch and more. When you tell them the deed they've provided makes that length shorter, or not in the place they expected, they think you are trying to short them.

I'm not sure what the answer is, but a certified title would be a good place to start. Most of the people don't want to know the deeded location, they are blissful in there ignorance. They don't want to be awakened from their dream world. The fact is, one persons dream is another persons nightmare.

Radar

Mark Mayer

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Re: Assessor's Plats--State of Washington specific

Posted by Mark Mayer on Jan 30, 2011 2:37 pm

It appears from RCW 58.18.10 that the assessor can file a plat that becomes binding, but that doesn't make every index map that the assessor maintains such a plat. As Doug says, most such index maps are mantained mostly for tracking the areas held for taxation purposes- just as they are in Oregon, too. While I handle these Assessors Maps every day I have never seen an "Assessors Plat".

JBStahl

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Re: Assessor's Plats--State of Washington specific

Posted by JBStahl on Jan 30, 2011 10:59 pm

"Yes, there is quite a mess here in WA and sadly it involves expensive waterfront property."

That seems to be the truth! I can't imagine how the WA legislature would allow an Assessor to just change a persons property dimensions and/or description without a rigorous process of survey and owners' direct involvement along with an appeal process. The difference between Michigan's process and Washington's is quite telling. I couldn't imagine giving that much power to an Assessor (let alone their back-room GIS technician). Scary!! JBS

JBStahl, PLS, CFedS
***May your Boundaries Fall in Pleasant Places*** Ps. 16:6

Richard Schaut

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Re: Assessor's Plats--State of Washington specific

Posted by Richard Schaut on Jan 31, 2011 2:07 pm

"Assessor's Plats', as opposed to the normal deed plots in the assessor's office, are normally prepared as part of a judicial process with a judge reviewing the surveyor's work product and giving interested land owners a chance to agree to correcting anomolies that others had corrected when the surveyor was on the site. If affected owners cannot or will not agree, the judge rules. Then the surveyor finalizes the plat showing the final determination of boundaries and the judge orders the plat recorded. After recording, the 'legal' description is the lot and block of the assessor's plat as recorded and the original plat is no longer applicable.

Sadly, lawyers do not know this process and will continue to use the erroneous original description rather than the new assessor's plat correction.

The "Assessor's Plart" is just one of the many ways errors in our land records are corrected.

Deed staking is not a surveyor's prrofesional work product.

To get a clear idea of the way an assessor's plat is used in WI, go to www.wsls.org and check out the assessors plat as used by Mr Rhode.

Richard Schaut

MLB

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Re: Assessor's Plats--State of Washington specific

Posted by MLB on Jan 31, 2011 4:06 pm

It really looks like Washington is in need of some legislative reform. It is hard to fathom why they thought giving the Assessor any boundary authority was a good idea. That authority here (California) is vested in the County Surveyor. The Assessor Books refer to Subdivision Maps and are clearly understood to be a schematic, at best. The Assessor has no authority to review or change boundaries. To change a record, a person holding a valid license must file a new map. The Assessor gets a copy.

Assessors tend to sometimes have inordinate power, especially when they are elected officials. And they will try to expand their "empire" if left unopposed.

Time to bring this up at the Chapter meetings and lobby for some legislative reform.
MLB

Radar

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Re: Assessor's Plats--State of Washington specific

Posted by Radar on Jan 31, 2011 6:16 pm

There seems to be a little bit of confusion going on and I should probably try to clear things up. Although I do not have anything to do with this project, I have worked on a similar project near Port Townsend.

The reference to "Assessors Plat" is only in name and has nothing to do with the Assessors Map".(In my earlier posts, I was also confused) It seems to me that this was an early way of skirting the regulations by throwing Assessor into the name. Mike's particular Plat says it was prepared by the county road engineer and hereby approved in 1949. Nowhere on it, do I see a seal, but it was signed by the County Road Engineer. For some reason, he failed to write P.E. after his name. Nowhere on the Plat is there reference to the unrecorded Plat.
In this case, Mr. Schaut is probably right. "After recording, the 'legal' description is the lot and block of the assessor's plat as recorded and the original plat is no longer applicable. Although, I think in Mike's case, there may have been some sad lawyers who did not recognize this and erroneously used the old description.

Again, money seems to drive everything, the less you have to spend and the more you can make, the better. Someone, in 1949, was trying to save some money and today, someone else is paying for it.

I might be wrong though, the contrary may be shown.

Dugger

Radar

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Re: Assessor's Plats--State of Washington specific

Posted by Radar on Feb 1, 2011 12:34 am

I've been thinking about Mike's original post and thought I'd give it another shot.

I think what he's looking for, is the answer to his question; where are the lateral lines of the tidelands?

Tidelands are just like uplands, in that if you own them, you can divide them up any way you want. As long as you follow the regulations in force at the time of convayence. You would need to know when the tidelands were originally patented and how they were sold at subsiquent conveyances. Depending on who, what, when, where and why, they could be just about anywhere. Remember, no matter who you are, you cannot sell, what you do not own but you can sell it all week, if you do. Not knowing what they are doing isn't yours/my fault and second guessing doesn't look good to a judge. Gathering all of the facts and basing your decision on that is the best you can do. That is until they invent a time machine and you can go back and ask them what the hell were you thinking

Douglas Casement, PLS