[WSBARP] Transfer of Community Common Area

[Eric Nelsen]

I had a similar question recently regarding extinguishment of an easement created by a short plat, and a colleague kindly pointed me to M.K.K.I., Inc. v. Krueger, 135 Wn.App. 647, 145 P.3d 411 (2006). It's regarding an easement on a short plat rather than common ownership of a lot, but the more general principle appears to be, if it's a condition created by the short plat, it takes a short plat amendment to vary from it.

So, in your case, I think if it says on the face of the short plat, "Tract E is owned in undivided equal shares as tenants in common by the owners of Tracts A, B, C, and D," or anything like that, that appears to automatically designate owners of Tract E in accordance with ownership of the other tracts--in that case, I think Seller can't do what Seller wants to do unless the short plat is amended.

Might be worth talking to a title company, too.

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.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of K. Garl Long
Sent: Friday, April 21, 2017 11:37 AM
To: WSBA RPPT Real Property Discussion Forum
Subject: [WSBARP] Transfer of Community Common Area


4 lot short plat designates Tract E as common area owned 1/4 by each lot.  Seller owns two lots.  Seller wants to sell one lot, but retain its 1/4 interest in Tract E, by transferring the ownership interest to the lot he will retain. Thus achieving a 1/2 interest in Tract E.  Buyer agrees. Very cryptic 1971 short plat provides no help. Can this be done?



Law Offices of K. Garl Long - Mount Vernon, Washington - (360) 336-3322

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