[WSBARP] Insufficient legal description of ingress/egress easement

Mon May 19 16:25:58 PDT 2014

The recital by the title company leads me to believe that the title
company is being asked to insure the easement as appurtenant to the
primary parcel.   If the easement needs to be insured, it will probably
need to be amended to describe its location with specificity.

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 Eric Nelsen
Sent: Monday, May 19, 2014 4:22 PM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Insufficient legal description of ingress/egress
easement

In general, exact location of an easement doesn't have to be in the
instrument, which only needs to describe the larger parcel that is subject
to the easement. The specific location of the easement does becomes fixed
by the actual pattern of use. So there is probably a road or driveway
leading to the property now?

I expect that the conservation easement folks are primarily interested in
where their access comes from. A survey down the centerline of the road
probably would do it. Depending on the property, it might be enough to
have some aerial photographs and attach a not-to-scale diagram showing
more or less where the road is across the neighboring properties. 

So, I don't think the easement needs to be amended, though you could
certainly do it that way. It might be enough to attach a diagram of the
road to the conservation easement itself, and reciting that access to the
parcel is under the rights from the 1948 easement, and actual means of
access pursuant to the easement has been historically over the road as
shown on the attached diagram.

Sincerely,

Eric

Eric C. Nelsen

SAYRE LAW OFFICES, PLLC

1320 University St

Seattle WA  98101-2837

phone 206-625-0092

fax 206-625-9040

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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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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