[WSBAPT] Removing reservation of right to use real property

[Craig Gourley]

Hi Gus,  you will need to look at the actual document and see if it is something that runs with the land or is a license which is personal to the holder of the right.  If it runs with the land I think you need to locate the heirs and have them sign off on extinguishing the right or bring a quiet title action.

Gourley Law Group
Snohomish Escrow
The Exchange Connection

1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.568.8092  fax
Craig at glgmail.com<mailto:Craig at glgmail.com>

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of G. (Gus) Benjamin Lindsey III
Sent: Thursday, July 06, 2017 11:24 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Removing reservation of right to use real property

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
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The Law Office of G. Benjamin Lindsey III
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Phone:   (425) 263-9585

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