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Commissioners approve compromise to correct clerical family‑transfer recording error

3031500 · April 15, 2025
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Summary

After discussion about legal precedent and staff error, commissioners authorized a compromise solution to move the two‑year restriction on a family‑transfer parcel to the intended parcel in the Dean matter rather than pursue lengthy court action.

Flathead County commissioners on April 15 approved a compromise solution to address a recording error involving a family‑transfer parcel granted in February 2024.

Sheena Sterling, Clerk & Recorder manager, explained that the land was subject to a two‑year transfer restriction recorded with a family transfer dated Feb. 6, 2024. A subsequent boundary line adjustment recorded Nov. 27, 2024, resulted in the deed conveying a different portion of land than the intended family‑transfer parcel. The plat room withheld reflecting the survey and deed in the tax records after discovering the discrepancy. Sterling said the plat room and the county attorney’s office conferred with the parties and recommended a hardship application (compromise solution) transferring the two‑year hold to the parcel the parties intended to receive, preserving the two‑year restriction.

Commissioner discussion raised concerns about setting precedent for clerical errors; county attorney Tara advised the compromise would preserve the two‑year restriction and avoid protracted, uncertain court proceedings. Applicant representative Laura Webb confirmed all parties (the donating parents and the son, James Dean) agreed to the two‑year hold being applied to the intended parcel reflected in the corrected boundary line adjustment.

Nut graf: County staff described the matter as a combination of a plat‑room recording error and a surveyor misunderstanding; the board adopted the staff‑recommended compromise to transfer the two‑year hold to the intended parcel to preserve the transfer restriction while avoiding litigation.

Ending: The board directed the Clerk & Recorder’s office to record the corrective instrument and update county indexing to reflect the compromise; the county attorney said the action was a compromise to maintain the legal effect of the two‑year hold.