[WSBARP] neighborly easement to resolve sideyard setback violation - Shoreline

[Paul Neumiller]

Don't have a specific answer but just a warning.  If you follow the easement
route, make sure your client is advised that if the neighbor flakes on his
mortgage and the lender forecloses, the foreclosure will wipe out the
easement because the Deed of Trust will be first in time.  

 



 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rod Harmon
Sent: Wednesday, November 19, 2014 10:54 AM
To: REALPROP at yahoogroups.com; wsbarp at lists.wsbarppt.com
Subject: [WSBARP] neighborly easement to resolve sideyard setback violation
- Shoreline

 

Client has signed a purchase and sale agreement for residential property in
Shoreline, but the property has a large, freestanding, unpermitted garage
that is 3 1/2 feet from the property line and therefore violates the 5 foot
side yard setback requirement.  Seller agreed to obtain a permit prior to
closing, and is pursuing a lot line adjustment so he can get a permit.
Seller has obtained the neighbor's agreement to the lot line adjustment, but
the city says the approval of neighbor's lender is also required.   And the
lender says it will be 10 weeks before it even considers whether to give its
approval.  The parties are anxious to close their deal sooner.

 

Would a side yard easement solve the problem?  I have heard that at least
some years ago Seattle would accept such an easement to resolve a side yard
problem.  Does anyone have any experience with the city of shoreline
accepting such a solution?  And even if they would accept it, with they
still require the agreement of the lender to the easement?

 

Rod Harmon

 

RODNEY T. HARMON

       Attorney at Law

         P.O. Box 1066

      Bothell, WA   98041

     Tel:   (425) 402-7800

     Fax:  (425) 458-9096

    www.rodharmon.com <http://www.rodharmon.com> 

   rodharmon at msn.com <mailto:rodharmon at msn.com> 

 

 

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