[WSBARP] Height Restriction

Wed Aug 12 09:42:58 PDT 2020

Excellent.

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 David Daniel
Sent: Wednesday, August 12, 2020 9:13 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Height Restriction

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

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

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On Aug 12, 2020, at 6:53 AM, "nestor at pplsweb.com <mailto:nestor at pplsweb.com> " <nestor at pplsweb.com <mailto: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 <mailto:wsbarp-bounces at lists.wsbarppt.com>  <wsbarp-bounces at lists.wsbarppt.com <mailto: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 <mailto: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.

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Gregory L. Ursich 

Shareholder

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From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of nestor at pplsweb.com <mailto:nestor at pplsweb.com> 
Sent: Friday, August 07, 2020 10:34 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com <mailto: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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