[WSBARP] Easement in Gross

[Eric Nelsen]

You already have a lot of input on this one, but for what it's worth, my understanding is that an easement in gross can be made assignable by express provision in its terms, and the case law prohibiting assignment is generally from facts where the easement is silent on the issue. And I agree, transfer of control of the entity is not an "assignment" of the easement anyway.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040



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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