[WSBAPT] Easement description

Bruce Moen brm at moenlaw.com
Mon Nov 13 18:59:39 PST 2023


I agree with Diane.

The amount of future traffic generated by three more future owners will leave the Grantors unhappy and their future lawyer searching for a CR 11 basis to file suit.

You may be logically accurate with "... and assigns," but I think best to spell it out.

  Bruce Moen

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Diane J. Kiepe <DJKiepe at depdslaw.com>
Sent: Monday, November 13, 2023 5:08 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Easement description


Sometimes less is more – in my opinion this is not one of those times – I’d be extra clear.  Here is my thought.  It’s one thing to give an easement when one owner is coming and going, it’s another thing to wind up giving 4 owners and you may as well plan for the intent versus the today.  That’s my simple free advice and I hear you get what you pay for ??  Curious to read other responses.



Please note that I will be out of the office starting December 4, 2023 until approximately December 18, 2023 for medical reasons, with little to no email for the initial few days.  If you need immediate assistance, please call 509-455-5300 and ask for Sandy Saty.



Diane J. Kiepe

Douglas Eden, P.S.

717 W. Sprague Ave., Suite 1500

Spokane, WA  99201

djkiepe at depdslaw.com<mailto:djkiepe at depdslaw.com>

509-455-5300



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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Joshua Grant
Sent: Monday, November 13, 2023 4:06 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Easement description



Client will be the grantee on a road easement which crosses over 3 parcels to get to client’s parcel #4.  Grantee also owns 3 more parcels , #5, #6, and #7 which someday will also be benefited..  Client will be subdividing  # 5. #6 & #7  and then sell them to new owners.  Would an easement from the owners of #1, #2 and #3 allow that use by future owners of a large area?  If would be simply a conveyance or an easement to “Client and Client’s assigns, or future assigns” without describing the area that someday will be benefited i.e. # 5. #6 & #7?  Or would one have to say something line “and grantee’s assigns who own # 5. #6 & #7?

Thanks

Josh



Joshua F. Grant
[cid:image001.png at 01DA1654.0494B750]
P. O. Box 619
Wilbur, WA 99185
509 647 5578

jgrant at advocateslg.com<mailto:jgrant at advocateslg.com>


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