[WSBARP] Easement in Gross
Rob Wilson-Hoss
rob at hctc.com
Thu May 5 15:43:21 PDT 2016
Thanks, that came in handy today. I just need to keep remembering to include
anti-merger and subsequent conveyance language.
Rob
Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com
rob at hctc.com
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From: 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 3:18 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Easement in Gross
55 Wn2d 848, 58 Wn App 375 and look at Radovich 104Wn. App. 800
John M. Riley, III
Principal | Witherspoon Kelley
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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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Campbell, Dille, Barnett & Smith, PLLC
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From: 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 | Attorney Profile
<http://www.witherspoonkelley.com/john-riley-1> | vCard
<http://www.witherspoonkelley.com/s/jmr.vcf>
<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
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From: 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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