[WSBARP] Easement in Gross

[John M. Riley III]

55 Wn2d 848, 58 Wn App 375 and look at Radovich 104Wn. App. 800



John M. Riley, III
Principal | Witherspoon * Kelley
jmr at witherspoonkelley.com<mailto:jmr at witherspoonkelley.com> | Attorney Profile<http://www.witherspoonkelley.com/john-riley-1> | vCard<http://www.witherspoonkelley.com/s/jmr.vcf>

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Spokane, WA 99201
(509) 624-5265 (office)
(509) 458-2728 (fax)
witherspoonkelley.com



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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Thursday, May 05, 2016 2:47 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Easement in Gross

Do you have the cites on those thanks

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Bryce H. Dille
Campbell, Dille, Barnett & Smith,  PLLC
P.O. Box 488
Puyallup, WA  98371
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Fax: 253.845.4941
bryced at cdb-law.com<mailto:bryced at cdb-law.com>

Business Entity Creation and Management
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Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John M. Riley III
Sent: Thursday, May 05, 2016 2:29 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Easement in Gross

Read the Coast Storage and  Beebe v. Swerda cases.  They  will give you a flavor for the issues that arise when granting an easement to yourself.


John M. Riley, III

Principal | Witherspoon * Kelley

jmr at witherspoonkelley.com<mailto:jmr at witherspoonkelley.com> | Attorney Profile<http://www.witherspoonkelley.com/john-riley-1> | vCard<http://www.witherspoonkelley.com/s/jmr.vcf>


[cid:image001.png at 01D1A6E1.50A41CC0]<http://www.witherspoonkelley.com>

422 W. Riverside Ave, Ste 1100
Spokane, WA 99201
(509) 624-5265 (office)
(509) 458-2728 (fax)
witherspoonkelley.com



Confidentiality Notice: The information contained in this email and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return email, and delete the original message and all copies from your system. Thank you.



From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Richard Holland
Sent: Thursday, May 05, 2016 1:00 PM
To: WSBA Real Property Listserv
Subject: [WSBARP] Easement in Gross

Ok, so client wants an easement over a portion of the property he wants to sell.  Has an LLC so, in theory, one can grant the easement over that area to the LLC as he wants in done in a separate document prior to sale not a reservation in the deed.

The issue is that it is an easement in gross by definition since there will not be an appurtenant property but rather just an area of the land he still wants to access and, essentially, maintain control over.  Going back on my ancient memory of property law, easements in gross were personal, non-assignable, etc.  Does this change with an LLC?  I mean, in theory, an LLC can have perpetual duration and change members etc.  Its not completely relevant to what client is trying to do and I do not believe he intends to assign it or leave it in his will in any event but I do wonder if somehow it could make the easement grant fail if that makes any sense.  I know of course that Cell Towers and Pipelines all have easements in gross, technically, but am thinking that there must be a specific law/regulation that gets them around the typical pitfalls of an easement in gross.  Any easement experts out there have a moment to chat this week?


Sincerely,

Richard Holland

Pacific Northwest Legal & Escrow, P.S.
733 7th Avenue, Suite 110
Kirkland, WA 98033
425-836-6240


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