[WSBARP] Easement to General Public

[Steve Tubbs]

I'm not sure about the validity of the conveyance.  The servient estate is clear enough.  But what is the dominant estate; i.e., who 'owns' it?  You cannot convey any 'right of way' without the public's okay.  Otherwise, responsibility for maintenance, taxes, liability, etc., are a sticky mess, and, in my experience, a city or county will accept such a grant only as part of a formal dedication process.  Otherwise, it's 'thanks, but no thanks'.

On Jun 26, 2015, at 10:28 AM, Tom J. Westbrook <tjw at W3NET.NET> wrote:

> Seems like anyone with fee simple title can convey any interest they want to convey – question I would look at is whether grantor had rights to convey the general public since it was by Quit Claim Deed; can only convey rights they have. Other issue I would look at is whether there are any prior CC&Rs that might affect the property or the easement conveyance…………both are long shots.
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> Sincerely,
>  
> Tom
>  
> Thomas J. Westbrook
> Attorney at Law
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> From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John L
> Sent: Friday, June 26, 2015 7:44 AM
> To: wsbarp at lists.wsbarppt.com
> Subject: [WSBARP] Easement to General Public
>  
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> <image007.png>
> I have been asked to file a quiet title action to clear title issues.  One of the issues concerns an easement granted within a quit claim deed which provides:
>                 An easement for ingress and egress over and across (legal description). “For the use of the general public.”
>  
> Has anyone had the occasion to deal with such an easement?
>  
>  
>  
> John H. Loeffler
>  
> 8414 N. Wall, Suite A
> Spokane, Wa 99208-6171
> Phone: 509.467.6767
> JohnL at Ollps.com
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