Bulletin: WA000025

Date:
November 14, 1991
To:
All Washington Agents
RE:
Records of County Engineer

Dear Associates:

The Washington Supreme Court has reversed an earlier decision of the court of appeals that had held that the records of the county engineer were public records which established constructive notice. Ellingsen v. Franklin County, 810 P.2d 910 (Wash. 1991). The new ruling means that the county engineer's records are not constructive notice.

In this case Franklin County established a road in 1909 pursuant to petition and resolution by the county commissioners. These documents were filed with the county engineer but nothing was recorded with the county auditor. A dispute later arose as to whether filing with the county engineer pursuant to RCW 36.80.040 obviated the need to record with the auditor pursuant to RCW 65.08.

The supreme court (with the help of the WLTA) ruled that filing was not enough. Documents also must be recorded.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
WA000012 This Bulletin has been replaced by WA000025.
Related Bulletins:
None
Underwriting Manual:
13.12 Notice
Exceptions Manual:
None
Forms:
None