[WSBARP] legal description "all real property in County X"

[Eric Nelsen]

So I have here a deed recorded in 1994 with a legal description that says "All real estate and other property owned by the Grantor located in County X, State of Washington, including without limitation leaseholds, easements, mineral interests..." etc. No specific Sec/Township/Range, no Plat or other real property ID. No parcel numbers. Just "all real estate interests in the county."

The special circumstance--The Grantor received property via a deed using this same vague description. That deed was from a railroad company to Grantor -- Grantor is a spinoff company from the RR pursuant to bankruptcy reorganization of the RR. But this subject deed is, I think, from the spinoff company to a third party corporation for value--at least excise tax was paid on it. So I think it's a conventional conveyance, subject to ordinary rules, post-bankruptcy.

I think the deed is void, because it has insufficient legal description to definitely locate any property without resort to parol evidence. It's also ineffective to convey easement interests, for the same reasons--no description of the burdened property that is benefitted by the easement.

Anyone disagree or have some thoughts about a deed with such a legal description, and whether it could convey easement rights?

Sincerely,

Eric

Eric C. Nelsen
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