[WSBARP] Deed Restriction Question
Kary Krismer
Krismer at comcast.net
Mon Dec 9 12:04:33 PST 2019
Hopefully a title company would pick it up either way, but ignoring
that, wouldn't it depend on whether you wanted the remedy to be an
injunction/order to remove as opposed to loss of ownership? But I throw
this out there--does the grantor really care about 50+ years from now?
Maybe a restrictive covenant that expires would be better.
FWIW, I'm not seeing that the form of deed matters.
Kary L. Krismer
John L. Scott, Inc.
206 723-2148
On 12/9/2019 11:42 AM, Eric Nelsen wrote:
>
> 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
> 1325 Fourth Avenue, Suite 940 | Seattle, WA 98101
> Tel +206.729.7442 | Fax + 206.260.1411 | www.swp-law.com
> <http://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 <http://www.hossandwilson-hoss.com>
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> rob at hctc.com <mailto:rob at hctc.com>
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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
>
> *_______________________*
>
> *Pody & McDonald, PLLC*
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