12115 19TH AVE SE 2016-01-01 MF Import

LAW OFFICES OF ALLENDOERFER AND KEITHLY, INC., P.S. 21 AVENUE A SNOH:)MISH. WASHINGTON 98290 JAMES H. ALLENDOERFER BRUCE A. KEITHLY ' CHARLES A. HARBALL GRANT K. WEED March :'8, 1988 Michael J. Brown Metco Construction, Inc. 17018 - 15th Avenue N.E. Seattle, WA 98155 TELEPHONE: 568.3119 334-1480 AREA CODE:1206) 5)i" \3\J 't 9 19&9 .............. 011-`? Oi f..\14113E11* Public WJorks Dept, Dear Mr. Brown: I have been retained by Mr. and Mrs. Steven Roraback of Everett, Washington to advise them regarding a pending boundary line dispute affecting the west line of their property. The property which your company is purchasing from Benson Riding Stables shares the boundary line in question. The legal question involved in this case is whether the boundary line is marked by the fence or by the recent survey which was conducted at your request. The fence line favors my clients' property by approximately 12 feet at the south end and 2 feet at the north end. The law of the State of Washington provides that a fence line which is honored by adjacent property owners for a period of 10 years or more constitutes an enforceable boundary line regardless of its consistency or inconsistency with survey stakes or legal descriptions. The fence line in question was constructed by the owner of Benson Riding Stable: many, many years ago, and was in existence in 1972 when my clients purchased and developed their acreage to the east. My clients can attest that continuously since 1972 both they and Benson have honored the fence line as a common boundary line, and have used and improved their respective properties on either side of the fence line to the exclusion of the other party. My clients developed their acreage as pasture, and raised cattle and pigs until 1982. Thereafter, they have maintained the pasture as the backyard of their residence, and have mowed and otherwise cared for the same in the usual manner. Mr. Benson has maintained his property as a riding stable. The parties have jointly repaired and maintained the fence. The fence line is straight, and its alignment is consistent with the alignment of the common boundary line to the south. An old survey stake may be found at the south end of the fence. My clients' predecessor in title, Verne Yates, had the property surveyed in July 1971, confirming the location of the fence line. From the historical facts referred to above, it appears clear that the fence line will prevail as the legal boundary line