[WSBAPT] Common-owner Granting Easement to Self?

David Faber david at faberfeinson.com
Fri Sep 10 15:21:19 PDT 2021


Thank you all. You've provided me some good pointers and I think they
should work for my purposes. I tweaked my language and will re-submit to
the city planning department. Hopefully we can get this thing put to bed!

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

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On Fri, Sep 10, 2021 at 12:46 PM Timothy Lehr <timothy at stileslaw.com> wrote:

> I’ve drafted plenty of these easements for developers and private lot
> owners alike, which have all been approved by city planning departments. I
> set mine out as a Declaration of Easement, wherein the lot(s) owner
> “declares” and “grants” and easement for Lot x and the future owners,
> assigns, transferees etc. Let me know if you would like a template to
> review.
>
>
>
> Tim
>
>
>
> *Timothy C. Lehr*
>
> Attorney at Law
>
>
>
>
>
> p:   360.855.0131
>
> e:   timothy at stileslaw.com
>
> w:  www.stileslaw.com
>
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>
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> *From:* David Faber <david at faberfeinson.com>
> *Sent:* Friday, September 10, 2021 11:58 AM
> *To:* WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
> *Subject:* [WSBAPT] Common-owner Granting Easement to Self?
>
>
>
> 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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