[SPAM] RE: [WSBARP] Insufficient legal description of ingress/egress easement

[David Faber]

Good afternoon WSBARP list.

I have a follow-up to the original question. 

I discovered that my original understanding of the problems presented by
this case were incorrect. As it turns out, there are four servient estates
across which my clients' unrecorded ingress/egress easement runs. In the
current deeds for each of these servient properties is a reference stating
"SUBJECT TO [survey x]," which was recorded years after my clients
purchased the property subject to this matter, so my clients' deed does
not include reference to the survey. The survey, which includes all
properties immediately north of my clients' property, and, again, all
properties across which they cross to get to their property, has marked
out the ingress/egress easement as a named private roadway, as well as
"Easement A," which serves as the access way for my clients' property, as
well as some of the four servient estates.

My question is: based upon what I have said above, does it sound like I
have enough to file a Quiet Title action naming each of the four servient
estates, attach the survey and relevant deeds, and file a motion for
summary judgment based upon those attachments?

Best,
David J. Faber
Faber Feinson PLLC
210 Polk st., ste. 4B
Port Townsend, WA 98368
(360) 379-4110 <tel:%28360%29%20379-4110> 

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On Mon, May 19, 2014 at 4:38 PM, Michael Simon
<michael.simon at landerholm.com> wrote:




What you have is a floating easement that becomes attached to the land
when it is actually built. So has the road been built? If so, get a legal
description of it and record it. If not, you’ll need the other owners
agreement to describe it or maybe the title company will insure the
conservation covenant if the others agree that the floating easement can
float anywhere except on the conservation covenant property.

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of John McCrady
Sent: Monday, May 19, 2014 4:31 PM


To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Insufficient legal description of ingress/egress
easement



 

This points out the difference between having a legal right of access and
having an insurable easement.  We will not typically question a right of
access to lands due to a vague easement.  We will raise an issue when we
are asked to insure an easement as appurtenant.  If we cannot locate with
specificity the easement we are asked to insure, we will raise the
question.

 

John McCrady

Counsel

Puget Sound Title Company

5350 Orchard Street West

University Place WA 98466

253-476-5721

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Rick Hoss
Sent: Monday, May 19, 2014 4:24 PM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Insufficient legal description of ingress/egress
easement

 

David –

An easement is not required to establish the actual location or boundaries
of the easement but only must accurately describe the servient estate.
Berg v. Ting, 125 Wn2d 554.

Easements can shift – see Curtis v. Zuck, 65 WnApp 377.

It is well established that if a right of way is entered upon and used the
way becomes definite and fixed even though it may have been indefinite in
its description. Kalinowski v. Jacobowski 52 Wash 359.

Grantor may fix the location if description is indefinite. Smith v. King
27 Wash App 869.

Rick

 

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Monday, May 19, 2014 4:06 PM
To: wsbarp
Subject: [WSBARP] Insufficient legal description of ingress/egress
easement

 

A client is trying to establish a conservation easement on his rural
property but he has been told by the title insurance company that the
legal description of his ingress/egress easement is "insufficient to
determine its exact location within said premises."  The easement was
recorded in 1948. There are apparently two servient estates across which
the easement runs (though from looking at the parcel map, I am worried the
easement might run across multiple properties).

 

What would be the best way to proceed? At least one of the owners of the
relevant servient estates has verbally agreed to sign any necessary
document to get the easement properly described and recorded. The other
has not yet responded to a letter that my client sent out a while back. If
both parties are willing to sign off, I'm guessing I'd want to get a new
survey done then, once the easement description was established in
specificity, I'd want to write that into an express easement and have the
parties sign off, and then I'd record it. Is that correct? Is there
another way of progressing that you would recommend?

 

If the owner of the other servient estate refuses to play ball, then I
want to get a survey and file a quiet title action, correct?

 

Is there an easier way to get an easement recorded that runs across three
or more properties than by filing multiple quiet title actions?

 

Any help would be appreciated.

 

Best,

David J. Faber

Faber Feinson PLLC

210 Polk st., ste. 4B

Port Townsend, WA 98368
(360) 379-4110 <tel:%28360%29%20379-4110> 

 

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