[WSBARP] Height Restriction

[David Daniel]

Greg, is the idea there that even if the easement initially merges with
title (by the common ownership), that it would be revived by the
reservation made in the subsequent deed, rendering it essentially a moot
point whether it previously merged with title because it is now revived by
reservation? I like it.


*David C. Daniel*, Attorney

*____________________________________*
* DEMCO LAW FIRM, P.S.*

*____________________________________ **Office |* (206) 203-6000
*Email |* *ddaniel at demcolaw.com <ddaniel at demcolaw.com>*

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Seattle, WA 98118


On Wed, Aug 12, 2020 at 9:07 AM Gregory L. Ursich <gursich at insleebest.com>
wrote:

> The owner isn’t technically giving an easement to himself, but what it
> does is create a separate and more comprehensive document to define the
> view easement correctly.
> When he deeds out the vacant lot to a new buyer and references the deed as
> “subject to the view easement” created by “recording number 12345” that is
> the exact moment the easement is created by reservation
> This is done all the the time when an owner of a plat, records a set of
> CC&R’s between himself and himself, and then deeds out individual lots
> subject to the recorded CC&R’s. -Greg
>
> Sent from my iPhone
>
> On Aug 12, 2020, at 6:53 AM, "nestor at pplsweb.com" <nestor at pplsweb.com>
> wrote:
>
> 
>
> How does an owner give an easement to himself? He owns both lots and wants
> to create this easement before sale of the downhill lot. A colleague
> recommended that we attach it to purchase contract and make the signing a
> condition of sale.
>
>
>
> Nestor
>
>
>
>
>
> Nestor Gorfinkel, Attorney at Law
>
> Licensed in Washington & Florida
>
> Florida Civil-Law (International) Notary
>
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Gregory L. Ursich
> *Sent:* Tuesday, August 11, 2020 8:09 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Height Restriction
> *Importance:* High
>
>
>
> Nestor: I would create a separate easement agreement between the owner and
> himself on that lot and get a definition of the view easement (Legal
> description)  from a surveyor. Record that easement first, then record a
> deed selling the lot with a reference in the deed that the conveyance is
> subject to that view easement and reference the recording number of the
> easement.
>
>
>
> <image001.jpg>
>
> *Gregory L. Ursich *
>
> Shareholder
>
> Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004
>
> P: 425.450.4258 | F: 425.635.7720
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com [
> mailto:wsbarp-bounces at lists.wsbarppt.com
> <wsbarp-bounces at lists.wsbarppt.com>] *On Behalf Of *nestor at pplsweb.com
> *Sent:* Friday, August 07, 2020 10:34 AM
> *To:* 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
> *Subject:* [WSBARP] Hight Restriction
>
>
>
> Anyone have a deed where owner wants to convey neighboring lot with a
> Height restriction?
>
>
>
> Thanks and Happy Friday.
>
>
>
>
>
> Nestor Gorfinkel, Attorney at Law
>
> Licensed in Washington & Florida
>
> Florida Civil-Law (International) Notary
>
>
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