[WSBARP] Grantee Easement approval

[Rod Harmon]

Easements are an interest in real property and must meet the requirements of the deed statute which, as you point out, only requires the acknowledged signature of the grantor.
But to effectively pass title, the instrument must be delivered and accepted. Clearwater v. Skyline Const. Co., Inc., 67 Wn. App. 305, 318-19 (1992).  As that case points out, the recording of a deed by the grantor creates a presumption of delivery, and, if the conveyance is a benefit to the grantee, acceptance of the deed by the grantee is presumed. These presumptions may be rebutted only by clear, cogent and convincing evidence, but that would require the neighbor to get actively aggressive rather than be passively aggressive as you fear.  And by that time, the plat will likely be finaled.  I would just record the deed and not inform the neighbor until it is too late to disrupt the plat.

Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rich Holland
Sent: Tuesday, December 10, 2019 10:28 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Grantee Easement approval

The axiom is of course that the only party that needs to sign a document is the party to be held bound.  Hence why, usually, only the Grantor signs a Deed.  Does this hold up with Easements - as a practical matter of insurability, getting it recorded etc.?

Have a client who is being required by a municipality to grant an easement to an adjoining parcel and he would prefer to just have it drafted and recorded without engaging the benefited parcel owner who might suddenly discover that he wants to be paid for receiving the easement since its grant is a condition of plat submission.


Sincerely,

Richard L. Holland

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