[WSBARP] Easement over US ground

[Paul Neumiller]

Your first analysis is whether the easement is in gross or appurtenant.  Hopefully, OO’s deed to the USA identified that OO owned real property in the area at the time that was intended by the parties to be benefited by the reservation of easement.  Generally, if an easement is appurtenant, then it automatically runs with the land and doesn’t require subsequent mentions in the deeds to transfer automatically.


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Josh Grant
Sent: Thursday, June 27, 2019 2:51 PM
To: wsbar <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Easement over US ground

Original owner (hereinafter OO)and client’s  predecessor in interest gave a deed to the USA in 1950.  At the end of the deed it said “There is reserved to the Grantor a perpetual easement to reconstruct, operate and maintain the presently existing roads located upon the above-described property.”
OO then sold land that is near federal land that is  serviced by the old existing road to grantee #1.  He did not convey an easement over the federal land on the old existing road in question.
Grantee #1 then sold land to client. He also did not convey an easement over the federal land on the old existing road
Client was stopped from maintaining road by federal agents.

I want to tell USA that my client can still use and maintain this road.

Any ideas given the fact that the easement was never put on subsequent deeds?

Josh





Joshua F. Grant
[advocates]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
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