Spelunkergirl
Junior Member
Incorrect Legal Description
Washington
I live on a private road also known as a "joint use driveway" which, by King County code, should only allow use by two residences. The county however, allowed three residences to be built in such a way that three residences utilize the "JUD". When we purchased our home from the builder in March 2002, a “Mutual Easement Agreement” was created by the builder's attorney which indicated all three lots had access and were responsible for the financial care, maintenance and repair of the "JUD" and signed by all three property owners and included in the closing paperwork for our new home.
Last year we learned the Mutual Easement Agreement was invalid because it: 1) did not include reference to a fourth lot that is shown on the short plat but does not access the "JUD" and; 2) was recorded after the builder had sold the third residence to another party and was no longer the owner.
I have documentation from the assessor's office stating we have a "title mess" but that office has no authority to correct the legal descriptions.
I have tried contacting the title companies for our house, the third lot and the county building department and received a "So, sue us attitude" from all three.
In addition, the owner of the third lot is not cooperating with getting the legal description for her property corrected and continues to use the road (free of charge) and let her children and their friends play on the "JUD" (exposing us to an injury lawsuit).
How would you suggest we proceed with getting the legal descriptions corrected?
What about filing a lien against the property?
Should we block the third neighbor’s use of the “JUD”? If we do, would we be setting ourselves up for legal problems?
THANK YOU!!!
Washington
I live on a private road also known as a "joint use driveway" which, by King County code, should only allow use by two residences. The county however, allowed three residences to be built in such a way that three residences utilize the "JUD". When we purchased our home from the builder in March 2002, a “Mutual Easement Agreement” was created by the builder's attorney which indicated all three lots had access and were responsible for the financial care, maintenance and repair of the "JUD" and signed by all three property owners and included in the closing paperwork for our new home.
Last year we learned the Mutual Easement Agreement was invalid because it: 1) did not include reference to a fourth lot that is shown on the short plat but does not access the "JUD" and; 2) was recorded after the builder had sold the third residence to another party and was no longer the owner.
I have documentation from the assessor's office stating we have a "title mess" but that office has no authority to correct the legal descriptions.
I have tried contacting the title companies for our house, the third lot and the county building department and received a "So, sue us attitude" from all three.
In addition, the owner of the third lot is not cooperating with getting the legal description for her property corrected and continues to use the road (free of charge) and let her children and their friends play on the "JUD" (exposing us to an injury lawsuit).
How would you suggest we proceed with getting the legal descriptions corrected?
What about filing a lien against the property?
Should we block the third neighbor’s use of the “JUD”? If we do, would we be setting ourselves up for legal problems?
THANK YOU!!!
Last edited: