[WSBARP] Self extinguishing easement

[Kathleen Hopkins]

Craig:
Any rule against perpetuities issue there?

FYI: Prof. Steven Bender at SU Law is a great property law professor and consultant on that topic (and his hourly rate is quite reasonable).  He has been invaluable in a couple of crazy future interests deals I handled recently.   https://law.seattleu.edu/faculty/profiles/steven-bender

PS: feel free to use my name if you contact him.



Kathleen J. Hopkins
Real Property Law Group, PLLC
1326 Fifth Avenue, Suite 654
Seattle, WA 98101
Phone & Fax: (206) 625-0404
email: khopkins at rp-lawgroup.com
www.rp-lawgroup.com<http://www.rp-lawgroup.com/>

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Craig Gourley
Sent: Tuesday, January 30, 2018 3:18 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Self extinguishing easement


Listmates, For years I have used self extinguishing easements to resolve certain boundary line disputes and for drain fields etc.  I grant the easement with the condition that upon the happening of an event ( the fence is removed, public sewer becomes available, etc) then the easement terminates.  I am now meeting resistance from an opposing attorney. No stated reason, just resistance.  Has anyone had one of these challenged?  Have I been using this technique in error for the last 34 years? As always, the opinion of the collective is much appreciated.
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