[WSBARP] Conservation Easement and Boundary Line Adjustment

Mon Apr 28 14:51:49 PDT 2014

There shouldn’t be much “uncertainty” about the use of the buildings.  I
am sure they cannot be sold separate from the easement without your
boundary line adjustment.  Quid pro quo: what can you give the easement
holder in return for the release of these acres? .  But, even if you come
up with a good exchange, it will be a bunch of paperwork, if possible at
all.

James Doran

Attorney at Law

100 E. Pine St. - Ste 205

Bellingham, WA 98225

ph. 360-393-9506

fax 360-734-7850

www.doranlegal.com 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Ron Housh
Sent: Monday, April 28, 2014 2:44 PM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Conservation Easement and Boundary Line Adjustment

Thanks Jim

Yes – owner of the residence would like to own the dirt on which the
outbuildings are located.

Owner may sell in the future and would like to have the full ownership
package in place as opposed to the uncertainties surrounding future use of
the outbuildings that are part of the Protected Land.

Ron

I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE
MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY 

Ronald G. Housh, P.S.

Attorney at Law

Seattle Office:

1420 Fifth Avenue, Suite 3000

Seattle, WA 98101-2393

Phone:   206-381-1341

Fax:        206-464-0461

Email:     <mailto:ron at housh.org> ron at housh.org

Mount Vernon Office:

21411 Bluejay Place

Mount Vernon, WA 98274

Phone:  360-445-3327

Email:    <mailto:ron at housh.org> ron at housh.org

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Monday, April 28, 2014 2:24 PM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Conservation Easement and Boundary Line Adjustment

My first question is “why” change anything?  But that is probably to get
the value of the outbuildings into the non-protected property.  Keep it in
mind that conservation easements typically allow thing like buildings n
the property.  The easement typically restricts the “use” and not the fact
that the building is there.

If the part with the right to enforce the easement, you hint that it is
the USDA, is agreeable to a boundary line adjustment, then it should be
do-able.  If someone, such as the county, reduced the taxes on the
conservation property (one of the reasons to do it) then they will want
some sort of adjustment in the released property and it’s tax,
retroactively most likely.

Good luck dealing with the bureaucracies. 

James Doran

Attorney at Law

100 E. Pine St. - Ste 205

Bellingham, WA 98225

ph. 360-393-9506

fax 360-734-7850

www.doranlegal.com 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Ron Housh
Sent: Monday, April 28, 2014 1:12 PM
To: wsbarp at lists.wsbarppt.com; 'WSBA RPPT Real Property Discussion Forum'
Cc: ron at housh.org
Subject: RE: [WSBARP] Conservation Easement and Boundary Line Adjustment

A question relating to conservation easements and boundary line
adjustments.

There is a 77 acre parcel in Skagit County that is the subject of a
recorded conservation easement.  My client has a house and 3 acres
adjacent to the 77 acre parcel.  Actually I believe the conservation
easement was granted at the time the home and 3 acres were carved out as a
residential lot.  

There are a couple of outbuildings just outside of the 3 acres that have
been used for years by my client.  Yes- the outbuildings are on the 77
acre parcel that is the subject of the conservation easement.  I’m not yet
sure why an extra acre or two was not carved out to include the
outbuildings at the time that the conservation easement was granted.  In
other words I’m not sure why a five-acre residential lot was not created
with 75 acres granted to the conservation easement.

I am evaluating the possibility of a lot line adjustment.  The
conservation easement expressly states “the legal division, subdivision or
partitioning of the Protected Property is prohibited; except that boundary
line adjustments are permitted.”

The Skagit County Planning Department states that the language is only to
allow an expansion of the Protected Property and not a reduction.  When I
state that the language is not limited to expansion, the response I get is
“that is how we interpret it because we don’t want to be at odds with the
US Department of Agriculture.”  No further explanation offered.

Does anyone have any thoughts or any experience to suggest why the US
Department of Agriculture would have a problem with a modest reduction in
the acreage of a conservation easement - especially if the grantor of the
easement [the owner of the fee title] was in favor of the lot line
adjustment?

Or is this a case of the County in effect saying this is our
interpretation and so be it??

Thanks!

I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE
MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY 

Ronald G. Housh, P.S.

Attorney at Law

Seattle Office:

1420 Fifth Avenue, Suite 3000

Seattle, WA 98101-2393

Phone:   206-381-1341

Fax:        206-464-0461

Email:     <mailto:ron at housh.org> ron at housh.org

Mount Vernon Office:

21411 Bluejay Place

Mount Vernon, WA 98274

Phone:  360-445-3327

Email:    <mailto:ron at housh.org> ron at housh.org

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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

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