[WSBARP] Sample View Easement

[RebeccaWiess]

General comments:

 

You can describe the viewshed as

1)       whatever interferes with the view in dominant party's reasonable
opinion;  or

2)       nothing growing or built more than x feet above the ground, or
constructed above a roofline; or

3)       as a shape in space - this requires a surveyor establishing a
horizontal plane which is x feet above sea-level, and then describing
appropriate angles and directions to define the easement space. This
approach is appropriate when the land is irregular and the bottom of the
viewshed slants down (usually towards water).  

 

Carla's form covers the usual boilerplate - clearly identify the benefited
and burdened properties, verbage on the purpose beyond simply "view," a
dispute resolution mechanism that tries to preserve neighborliness in the
face of conflict. Many forms require that pruning vegetation be done by
burdened owner, or failing that by a professional service paid for by one or
the other,  since burdened owner may not want amateur pruning.  If the
benefitted property is capable of subdivision, be clear on whether all
future subparts will have the full easement rights. 

 

Rebecca K. Wiess

421 24th Avenue East

Seattle, WA  98112

Phone 206 329-6638

rwiess at foxinternet.net 

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