[WSBARP] Deed Restriction Question

[Law Office of Shaun Watchie Perry]

Hello Patrick,

My concern would be using a quit claim deed to establish a deed 
restriction. Seems to me a bargain and sale deed is more appropriate.

I would think about  FIRST drafting a seperate restrictive covenant and 
record against both lots, before the conveyance out.  That way you can 
insert remedies including injunctive relief and attorney's fees if the 
grantee lot violates the building restriction as well as insert other 
provisions. I would also look into title insurance (perhaps an 
endorsement to the existing grantor property policy)  to insure that the 
grantor lot is so benefited (if this is available). Check with your 
title officer.

Good luck and let us know what you decide.

-Shaun

*/Ms. Shaun Watchie Perry | Attorney at Law
Law Office of Shaun Watchie Perry
1325 Fourth Avenue, Suite 940 | Seattle, WA 98101
Tel +206.729.7442 | Fax + 206.260.1411 | www.swp-law.com/*

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On 12/9/2019 10:44 AM, Rob Wilson-Hoss wrote:
>
> Patrick, we have done several. There is no form; it is just a Deed 
> with Restrictions, I do two sections, one for the deed language, and 
> then one for the restriction language, have both sets of owners sign 
> it, and index it to both lots, of course. We do this with easements as 
> well. They can be simple or extensive restrictions. Because it has two 
> titles, you will need two recording fees.
>
> Rob
>
> Robert D. Wilson-Hoss
>
> Hoss & Wilson-Hoss, LLP
>
> 236 West Birch Street
>
> Shelton, WA 98584
>
> 360 426-2999
>
> www.hossandwilson-hoss.com
>
> rob at hctc.com
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com 
> <wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Patrick McDonald
> *Sent:* Monday, December 9, 2019 9:49 AM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Deed Restriction Question
>
> Hi,
>
> We have a client that would like to transfer an oddly shaped lot to a 
> neighboring property owner but would like to prohibit the owner from 
> being able to build on the lot. Is it possible to transfer title to 
> the lot by quit claim deed that includes such a restriction? Does 
> anyone have a form that they would be willing to share for this purpose?
>
> Thanks,
>
>
> Patrick McDonald
>
> *_______________________*
>
> *Pody & McDonald, PLLC*
>
> 1200 Fifth Avenue, Suite 1410
>
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