[WSBARP] Deed Restriction Question

Mon Dec 9 11:42:52 PST 2019

Patrick-I agree with Shaun that the separate restrictive covenant is probably the better way to go, rather than putting conditions or restrictions in the deed itself. I think that separate restrictions are usually easier to enforce as a practical matter, because everyone seems to understand them better, compared to the "fee on a condition subsequent"-type estate analysis that results when restrictions are in the conveyance deed.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Law Office of Shaun Watchie Perry
Sent: Monday, December 9, 2019 11:19 AM
To: wsbarp at lists.wsbarppt.com; pmcdonald at podymcdonaldlaw.com
Subject: Re: [WSBARP] Deed Restriction Question

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
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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
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Shelton, WA 98584
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com><mailto: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><mailto: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
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Pody & McDonald, PLLC
1200 Fifth Avenue, Suite 1410
Seattle, WA 98101-3106
T: 206-467-1559
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