[WSBARP] extinguishment/removal of driveway easement on short plat?

[Bryce Dille]

In Pierce county planning dept. takes position that although the parties may agree the easement will still show on the short plat as recorded unless  short plat is  amended

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Friday, April 07, 2017 12:41 PM
To: WSBA Real Property listserve (wsbarp at lists.wsbarppt.com)
Subject: [WSBARP] extinguishment/removal of driveway easement on short plat?

It's Friday and I am being lazy - does anyone know, is it permissible for all owners of a short plat to agree to remove a driveway easement that is shown on the short plat? They are replacing it with an easement in different location. Nothing on the face of the short plat indicates that the presence or location of the driveway easement is required as a condition of the short plat - but then again, the driveway easement is the sole access to a public road for one of the parcels.

Obviously the preference would be to avoid having to amend the short plat, but instead do an easement extinguishment, and a new easement in the new location.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

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