[WSBARP] Easement in Gross

[Rob Wilson-Hoss]

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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Bryce H. Dille 

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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