[WSBAPT] Common-owner Granting Easement to Self?

[David Faber]

C owns a single parcel made up of four lots, the two northerly lots of the
parcel abut an opened right-of-way, while the two southerly lots are not
served by any right-of-way (the adjacent right-of-way was vacated many,
many years ago). C is working with the City to separate the two northerly
lots from the two southerly lots in order to build another house on the two
northerly lots. C's home is situated on the two southerly lots.

The City approved the division subject to the condition: "as the driveway
for Parcel A crosses Parcel B's portion of vacated [x] Street, the
applicant is required to submit to City staff a private easement document
prepared by a legal professional, which is then recorded at the applicant's
expense with the Jefferson County Auditor's office."

I prepared a private easement agreement for C to sign as both grantor and
grantee, appurtenant to the now-separated parcels and submitted it to the
planning department per the lots of record requirements. I have now spoken
with the city attorney twice and the planning department once and they say
the same thing "well, a person can't grant an easement to themselves". Yes,
understood, but C will be unable to get a building permit to proceed
without this easement in place, and the lots of record certification
specifically states that we need to record this easement.

In the past, working with Jefferson County, they waived away this issue
stating that because the easement is appurtenant, that the grantor and
grantee is the same person doesn't present a problem and the easement will
vest at the time of transfer to a third-party.

I'm at a loss for how to proceed. Any thoughts?

Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110

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