[WSBAPT] Removing reservation of right to use real property

G. (Gus) Benjamin Lindsey III lindsey3 at gbl3law.com
Thu Jul 6 11:23:49 PDT 2017


Hello,

 

In a probate case, the PR is preparing to sell certain real property that
the decedent has owned for almost 40 years. In moving towards closing the
sale, the title company noticed that when decedent purchased the property he
gave the seller the right to access the property for fishing. In the 40
years that decedent owned the property, no one can ever recall the prior
owner returning to the property. 

 

It is believed that the prior owner is now deceased; however the agreement
appears to provide the original seller's heirs with the same right to access
the property for fishing. 

 

The new buyer may be willing to just accept this reservation of rights;
however the PR wants to know procedurally how difficult it might be to
revoke this privilege given that no one has used it.

 

I have not seen the actual recording document yet.

 

Thanks!

 

 

Sincerely,

 

G. (Gus) Benjamin Lindsey III

Attorney-at-Law



 

The Law Office of G. Benjamin Lindsey III

2012 Grade Road, Suite 202

Lake Stevens, WA 98258

Phone:   (425) 263-9585

 

website: www.gbl3law.com <http://www.gbl3law.com/> 

 

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