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

[Kailei Feeney]

I agree about the lack of necessity for making warranties, absent of course actual knowledge your client may have about the property.

If the wife is on title now though and “inheriting” her spouse’s community interest, then I still think she would need to disclose.

Have you talked with a title company?  I would get one on board now to pull title and be there to insure the transfer to the future buyer.

Kailei
Kailei B. Feeney
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of michael at westseattleattorney.com
Sent: Thursday, March 29, 2018 9:53 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Deed of PR - need to include easements?

Have you considered if they do not transfer now but sell from Probate, they do not have to fill out form 17 - warranties?

[cid:image001.png at 01D3C747.512BD970]

-------- Original Message --------
Subject: Re: [WSBAPT] Deed of PR - need to include easements?
From: Felicia Value <felicia at skagitprobate.com<mailto:felicia at skagitprobate.com>>
Date: Thu, March 29, 2018 8:34 am
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>

Well,  you can always punt by adding,  "Subject to all easements,  covenants,  codes and restrictions of record."  But I'd defer to someone like Mike Winslow for a real answer.

On 3/28/2018 7:46 PM, Brent Williams-Ruth wrote:
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

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Brent Williams-Ruth
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Phone: (425) 830-5134
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Felicia Value

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