§ 3.7 - Characteristics of the Dedicator

JurisdictionWashington

§3.7 CHARACTERISTICS OF THE DEDICATOR

Only the titleholder of property can make a valid dedication. Frye v. King Cnty., 151 Wash. 179, 183, 275 P. 547 (1929); Cook v. Hensler, 57 Wash. 392, 400, 107 P. 178 (1910). If the dedicator does not have legal title at the time of the dedication, equitable title in some cases may be sufficient. Meachem v. City of Seattle, 45 Wash. 380, 88 P. 628 (1907). All parties with an ownership interest in the property must join in a dedication. RCW 58.17.165.When there is separate title to the surface and mineral rights, the consent of the mineral rights owner may not be required. See Harrison v. Stevens Cnty., 115 Wn. App. 126, 131-34, 61 P.3d 1202 (2003), review denied, 149 Wn.2d 1031 (2003) (concluding that the owner of mineral rights is not affected by a subdivision of land).

Practice Tip:

Be sure to check local code requirements for a valid dedication. In Harrison, 115 Wn. App. 126, the Stevens County Code initially required the signature of all parties having "any interest" in the land. The plat was denied because the owner of the mineral rights had not agreed to sign the plat The county later amended its code to parallel RCW 58.17.165, which requires the signatures of all parties that have "any ownership interest" in the lands subdivided. This change although slight, allowed the owners of the surface estate to reapply and subdivide their property without the consent of owners of the mineral rights.

Title need not be a matter of public record. Halverson v. City of Bellevue, 41 Wn. App. 457, 704 P.2d 1232 (1985). In the absence of ratification and estoppel, a dedication will not be valid as to after-acquired property of the dedicator. Frye, 151 Wash. at 183-84. If at the time of dedication the dedicator has neither legal nor equitable title but later...

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