[WSBARP] Adding roads - subject to CCR's

[Josh Grant]

I have a client with a platted long plat which contained a number of primary access roads.  There is a corporation which maintains the roads.  The Covenants were both covenants and  easements which  included the creation of easements to those initial roads.

Now after some sub-platting, we have a new developed road.  The question is whether a simple easement from the landowner to the corporation would be sufficient to create roads which are subject to the various covenants.   There are about a dozen landowners now, so getting amended covenants signed by each landowner  or even the 66% required before covenants are amended, would be a bit of a task.  Later years after other subdivisions and other roads are developed, would result in even more difficulty to amend covenants. 

In the CCR’s it defines “primary access streets” which are defined as “real and personal property, together with the facilities and improvements located thereon and thereunder, now or hereafter placed on, in and under the property described on plat map....”

The corporation has language in a by-law  which includes how to add new roads... but that doesn’t have the effect of adding new roads and their abutting landowners as being subject to the requirements of the CCR’s.

thanks

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734
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