[WSBARP] Title Insurance - "TGW easement" versus special exception

[Marc Holmes]

My understanding is that being on the exhibit A is affirmative coverage of
an enforceable easement.  The special exception for it may be to eliminate
title company liability to the extent the subject property is also burdened
by the easement, e.g., multiple properties sharing a common private road
over and across their respective properties for access to the public right
of way.

 

If there is no such reciprocal burden then I would ask them to eliminate the
exception or explain to me why it should be excepted.  

 

 

 

Marc Holmes

Holmes Law Group PLLC

2303 W. Commodore Way, # 306

Seattle WA 98199

HolmesLawGroup.com <http://holmeslawgroup.com/> 

marc at holmeslawgroup.com

Ofc: 206-357-4224

Cell: 206-849-0853

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Nelsen
Sent: Thursday, November 9, 2017 1:09 PM
To: WSBA Real Property listserve (wsbarp at lists.wsbarppt.com)
Subject: [WSBARP] Title Insurance - "TGW easement" versus special exception

 

Title policy Exhibit A legal description is the land, plus a second parcel
that is the access easement "as set for in doc recording #XXXXXXX."

 

That same document is listed as a special exception.

 

So does this actually insure access via easement, or does the special
exception essentially delete the easement from the insured land?

 

The question is about insurance on the access provided via the easement, not
necessarily about any other covenant in the document. Absent the easement,
the property would be landlocked.

 

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

 

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