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

[John McCrady]

I agree with Marc.
It is also possible that the special exception is listed for the purpose of setting forth certain terms of the easement (maintenance obligations for instance) or for setting up limitations to the easement (for instance: for use by single family residence only)
If the easement has no such terms or limitations, it may be appropriate to ask that the exception be deleted.

John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Marc Holmes
Sent: Thursday, November 09, 2017 1:24 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Title Insurance - "TGW easement" versus special exception

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<mailto: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> [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<mailto: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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