[WSBARP] WSBARP Digest, Vol 41, Issue 18
Stephen Whitehouse
swhite8893 at aol.com
Tue Feb 20 12:20:13 PST 2018
Christy,
I think either would work. An extinguishment of easement would be more directed to the easement only whereas the QCD conveys any interest the grantor has in the grantee's property. I prefer the a QCD in case there are any prescriptive rights that might exist, just as an ounce of prevention. Therefore, I would use the latter. You could add in language to the deed that it is for the purpose of extinguishing the easement, referencing the recording number, and any other interests the grantor may have. You can get a QCD from the LPO forms at the WSBA web site.
Steve
Stephen Whitehouse
Whitehouse & Nichols, LLP
P.O. Box 1273
601 W. Railroad Ave.
Shelton, Wa. 98584
360-426-5885
swhite8893 at aol.com
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Sent: Tue, Feb 20, 2018 12:00 pm
Subject: WSBARP Digest, Vol 41, Issue 18
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Today's Topics:
1. Extinguishment of Easement (Christy M)
2. Conservation Easements Tax Benefit (Mike Karas)
3. Re: Extinguishment of Easement (nestor at pplsweb.com)
4. Re: Extinguishment of Easement (Gregory L. Ursich)
5. Recalcitrant Attorney in Fact (Jeff Davis)
6. Arizona Counsel? (Catherine Clark)
7. Re: Arizona Counsel? (TEEDowell at aol.com)
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Message: 1
Date: Mon, 19 Feb 2018 20:34:42 +0000
From: Christy M <TALK2MUCH84 at msn.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Extinguishment of Easement
Message-ID:
<CY4PR13MB107792DBD2A8E50C2CA1439AFAC80 at CY4PR13MB1077.namprd13.prod.outlook.com>
Content-Type: text/plain; charset="iso-8859-1"
Happy President's Day, everyone!
I have two very amicable neighbors who both agree that it is time to extinguish an easement for a shed that no longer stands. Both parties want to record a document to clear title. I'm getting mixed answers about whether I need a QCD or a Release of Easement. Which document should I record? And does anyone have an example that they would like to share?
Thank you,
Christy
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Message: 2
Date: Mon, 19 Feb 2018 13:09:00 -0800
From: Mike Karas <mike.karas at hurleydev.com>
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Conservation Easements Tax Benefit
Message-ID: <36977402-C77B-4025-BABA-E2C00C2FD794 at hurleydev.com>
Content-Type: text/plain; charset=us-ascii
I am a new attorney and need a clearer understanding of how the tax benefit works for conservation easements. If anyone has five or so minutes to help me, I would appreciate it.
I understand the grantor receives the ability to deduct 50% of its income or 100% of its income if it is a rancher or farmer.Then that income deduction can be carried forward for 15 years.
Specific questions I have:
Can the tax benefit of the conservation easement be transferred to a buyer when the property is sold? If so, what is the timeline of how long that new party can receive the deduction?
If a property is held by an LLC and operated as a ranch, do they still qualify for the 100% deduction?
If the land is currently zoned ag, does a granting of a conservation easement have any property tax benefit?
Are there better resources out there you would recommend me looking at?
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Message: 3
Date: Mon, 19 Feb 2018 13:54:19 -0800
From: <nestor at pplsweb.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Extinguishment of Easement
Message-ID: <001201d3a9cc$32b6a710$9823f530$@pplsweb.com>
Content-Type: text/plain; charset="us-ascii"
You can keep it simple. You can extinguish the easement by merger, by having
the easement holder quit claiming and vesting ownership of the easement to
the owner of the fee (servient estate holder).
Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary
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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Christy M
Sent: Monday, February 19, 2018 12:35 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Extinguishment of Easement
Happy President's Day, everyone!
I have two very amicable neighbors who both agree that it is time to
extinguish an easement for a shed that no longer stands. Both parties want
to record a document to clear title. I'm getting mixed answers about whether
I need a QCD or a Release of Easement. Which document should I record? And
does anyone have an example that they would like to share?
Thank you,
Christy
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Message: 4
Date: Mon, 19 Feb 2018 16:11:29 -0800
From: "Gregory L. Ursich" <gursich at insleebest.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Extinguishment of Easement
Message-ID: <EF730D09-97B4-4D3C-8A16-A54FE833D83B at insleebest.com>
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Message: 5
Date: Mon, 19 Feb 2018 16:23:14 -0800
From: "Jeff Davis" <jeff at bellanddavispllc.com>
To: <wsbarp at lists.wsbarppt.com>
Cc: mindy at bellanddavispllc.com
Subject: [WSBARP] Recalcitrant Attorney in Fact
Message-ID: <001501d3a9e1$0003ef70$000bce50$@bellanddavispllc.com>
Content-Type: text/plain; charset="us-ascii"
List mates:
I represent the personal representative who is the decedent's niece. The
personal representative's sister was a longtime acting attorney-in-fact (now
Agent). It is believed the sister turned most, if not all, of the
decedent's accounts into joint. She refuses to provide any accounting. How
do I force the sister to respond? It seems this issue came up in the not so
distant past, and there were quite a few responses. Your help would be
appreciated.
Jeff Davis
W. Jeff Davis, Esq.
BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129
Fax No.: (360) 683.1258
email: <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
<http://www.bellanddavispllc.com/> www.bellanddavispllc.com
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info at bellanddavispllc.com or call 360.683.1129
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Message: 6
Date: Tue, 20 Feb 2018 19:10:39 +0000
From: Catherine Clark <Cat at loccc.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Arizona Counsel?
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All:
This request from another listserve in which I participate:
I'm looking for an Arizona real estate attorney in the Phoenix/Mesa area. Any recommendations?
Any suggestions?
Catherine "Cat" Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone: (206) 838-2528
Cell: (206) 409-8938
Fax: (206) 374-3003
Email: cat at loccc.com<mailto:cat at loccc.com>
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Message: 7
Date: Tue, 20 Feb 2018 11:28:09 -0800
From: TEEDowell at aol.com
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Cc: Micki & Bill Viall <billviall3 at gmail.com>
Subject: Re: [WSBARP] Arizona Counsel?
Message-ID: <D84F2FE5-7B0E-432F-8351-8E30EFAC8C0B at aol.com>
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I recommend Bill Viall. He was on the board of our governor?s for several years and is licensed both in Washington and Arizona. I have included his email on this thread.
Sent on IPHONE- please excuse text and spelling errors.
Theresa Dowell
Dowell Law Offices
Suite 202
Bellewood Office Park
1975 112th Ave. NE
Bellevue, WA 98004
(206) 660-1502
TEEDowell at aol.com
Confidentiality Notice: This message is intended only for the person to which it is addressed. If you are not that person, immediately destroy all copies and delete email. Contact sender.
> On Feb 20, 2018, at 11:10 AM, Catherine Clark <Cat at loccc.com> wrote:
>
> All:
>
> This request from another listserve in which I participate:
>
> I?m looking for an Arizona real estate attorney in the Phoenix/Mesa area. Any recommendations?
>
> Any suggestions?
>
> Catherine ?Cat? Clark
> Law Office of Catherine C. Clark PLLC
> 2200 Sixth Avenue, Suite 1250
> Seattle, WA 98121
> Phone: (206) 838-2528
> Cell: (206) 409-8938
> Fax: (206) 374-3003
> Email: cat at loccc.com
>
> NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited. If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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