[WSBARP] Insufficient legal description of ingress/egress easement

[Rick Hoss]

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

 

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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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