[WSBAPT] Deed of PR - need to include easements?

[Eric Nelsen]

Someone else mentioned, consider that there are benefits of selling directly from the Estate rather than passing to the surviving spouse first. But leaving that aside--

By law, the benefit of appurtenant easements (and the burden of imposed easements) travel with deeded land regardless of whether they are called out in the deed. The main issue is what warranties the Estate is giving in the deed.

If it's a statutory warranty deed, you want to include a list of all the easements as "subject to" exceptions to the grantor's warranties, or use generic language like "SUBJECT TO all easements, covenants, conditions, and restrictions of public record."

If it's a bargain and sale deed, you need to at least include any encumbrances that have been imposed on the property since the death of the decedent. Safest route is to mimic the language as for a SW deed.

If it's a quitclaim, no need to say anything about encumbrances. If someone is inheriting from an Estate, I often simply quitclaim the property to them; it eliminates any issue concerning quality of Estate's title. If instead someone is purchasing from the Estate, you can't really get away with using a QCD, so I use the language below.

If it's none of the above and is a non-statutory deed form, generally best to include "subject to" language as for SW deed.

Mike Winslow is the guy on this--after going through his materials, here's how I typically draft a PR deed for purposes of sale to a third party, with the custom language highlighted:


                THE GRANTOR, [Pers Rep], as Personal Representative of the Estate of [Decedent], [King] County Superior Court Case #[^], for $10 and other good and valuable consideration, grants, confirms, and conveys to [Buyer] the following described real estate, situated in the County of [King], State of Washington:

[legal description]

SUBJECT TO easements, covenants, conditions, and restrictions of public record.

            The Grantor, for itself and for its successors in interest, hereby expressly limits the covenants of the Deed to those herein expressed, and excludes all covenants arising or to arise by statutory or other implication, and does hereby covenant that against all persons whomsoever lawfully claiming or to claim by, through or under said grantor, and not otherwise, grantor will forever warrant and defend the same described real estate.

[signature and notary acknowledgement]


Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Brent Williams-Ruth
Sent: Wednesday, March 28, 2018 7:46 PM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Deed of PR - need to include easements?

List -

I am doing my first Deed of PR transfer for a home that is in a planned community. The title report included 3 pages of easements from the original development back in 1990. I know that it not part of the legal description, but I am curious as to whether they need to be included as, say an Exhibit, to show the continuity of the easement. The property is being inherited by the surviving spouse who will then be listing for sale.

Appreciate the guidance on that!

Thanks,

Brent

--

Brent Williams-Ruth
Founding Member

BWR Consulting, PLLC

Phone: (425) 830-5134

e-mail<mailto:brent at bwrconsults.com> / website<http://www.bwrconsults.com> / facebook<http://www.facebook.com/bwrconsults>
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