[WSBARP] Easement amendment question

[Marc Holmes]

Thanks Paul and to the other offline responses.

 

 

 

 

Marc Holmes

Holmes Law Group PLLC

808 5th Ave N

Seattle WA 98109

 <http://holmeslawgroup.com/> HolmesLawGroup.com

marc at holmeslawgroup.com

Ofc: 206-357-4224

Cell: 206-849-0853

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, March 4, 2015 9:32 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Easement amendment question

 

"Fortunately, there haven't been any issues and A and B are cooperative and
willing to record the amendment now.  The one issue is that A is no longer
on title so it seems to me C as the current owner of Parcel A needs to be
involved in some way.  One approach is to revise the amendment inserting C
into A's place and having B and C execute it. "

 

This would be my plan. Plain and simple. I guess, as overkill, you could use
the one signed by A and B and then add an extra page that says, "I, C, agree
to be bound by the terms of this Amendment"    but I really think is
unnecessary.  B and C are now the real parties in interest and the current
owners of properties subject to the terms of the easement.  

 

 

 

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Marc Holmes
Sent: Tuesday, March 3, 2015 5:38 PM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] Easement amendment question

 

I'm looking for the most expedient and effective way to resolve a scenario
where a document amending a recorded easement was signed but not recorded
before one of the parcels was sold.  

 

A granted an easement to B that facilitates B in constructing a retaining
wall on B's property.  A then agreed to sell to C and C asked for the
easement to be amended to obligate B to repair any damage that might happen
to "Parcel A" during construction of the wall.  A and B agree and an
amendment is prepared and signed by A but not recorded before the sale from
A to C.  

 

Fortunately, there haven't been any issues and A and B are cooperative and
willing to record the amendment now.  The one issue is that A is no longer
on title so it seems to me C as the current owner of Parcel A needs to be
involved in some way.  One approach is to revise the amendment inserting C
into A's place and having B and C execute it.   

 

However, I'm wondering if there's a solution that retains the original
document signed by A (B may have already signed as well or is about to sign
and may prefer to not have to review and approve a new draft).

 

I was thinking of adding a cover page showing C as a grantor along with B
(for indexing purposes) and then have C sign a page added to the end
affirming/ratifying the amendment.  Does that seem sufficient?

 

 

 

 

Marc Holmes

Holmes Law Group PLLC

808 5th Ave N

Seattle WA 98109

HolmesLawGroup.com <http://holmeslawgroup.com/> 

marc at holmeslawgroup.com

Ofc: 206-357-4224

Cell: 206-849-0853

 

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