[WSBARP] boundary disputes

[Richard Holland]

If it is a small enough area being 'granted' (such that the property tax 'burden' remaining on the servient estate isn't great), I have recommended these and usually able to work it out by putting indemnity language in the easement (in case someone from the dominant estate or their guest is injured in the area) etc.  Sometimes there have been reciprocal easement swaps and sometimes not.  I have also had cases where we made the grant not run with the land and so on.  It can be a very flexible approach and all of that 'extra' language goes in the recorded easement so there is public notice.

In short, yes, in my mind with amenable parties, this is a far less expensive and arduous way to go.

Sincerely,

Richard Holland

Pacific Northwest Legal & Escrow, P.S.
733 7th Avenue, Suite 110
Kirkland, WA 98033
425-836-6240

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Friday, February 24, 2017 10:49 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] boundary disputes

Boundary disputes are notoriously expensive to litigate about; neighbors often go to war over a few inches of dirt.  If the parties agree on a line, papering that with a survey, deed, and bla and title insurance approval etc. is itself an expensive undertaking.  What is the members' experience and caveats regarding settlement by easement grant?

Roger Hawkes, WSBA 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 voice
206 367 4005  fax

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