[WSBARP] Height Restriction

Wed Aug 12 10:35:00 PDT 2020

Yes, the proper way to do it is to establish elevations from sea level, with topography with the surveyor

Sent from my iPhone

On Aug 12, 2020, at 10:14 AM, "scott at scottgthomaslaw.com" <scott at scottgthomaslaw.com> wrote:

Take some care to describe to the surveyor precisely what you wish to accomplish.  As a client of mine would point out, land and sometimes streets are regraded during development, benchmarks become lost, elevations can become uncertain, and it is more difficult to figure things out when the covenant/easement is up in the air.  No pun intended.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarpbounces at lists.wsbarppt.com> On Behalf Of rob at hctc.com
Sent: Wednesday, August 12, 2020 9:48 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Height Restriction

I think this is may be a covenant, not an easement, which makes the evaluation easier:

In Washington, as elsewhere, there are three types of servitudes:
“A servitude is a legal device that creates a right or obligation that runs with the land” that “can be, among other things, an easement, profit, or covenant.”
Lake Limerick Country Club v. Hunt  Mfd. Homes, Inc., 120 Wash. App. 246, 253, 84 P.3d 295 (2004) (citing 1 Restatement (Third) of Property: Servitudes § 1.1(1), (2), at 8 (Am. Law Inst. 2000)) (“The servitudes covered by this Restatement are easements, profits, and covenants.”).
Robbins v. Mason Cty. Title Ins. Co., 195 Wash. 2d 618, 630–31 (2020).

Covenants can be created on one’s own property that spring when the property is transferred. Developers do this all the time with HOA restrictive covenants. “A ‘restrictive covenant’ is a negative covenant that limits permissible uses of land.” Restatement (Third) of Property (Servitudes) § 1.3 (2000).
The notion that you cannot create a servitude on your own property is not always very accurate.

Robert D. Wilson-Hoss
Hoss & Wilson-Hoss, LLP
236 West Birch Street
Shelton, WA 98584
360 426-2999
www.hossandwilson-hoss.com<http://www.hossandwilson-hoss.com>
rob at hctc.com<mailto:rob at hctc.com>

This message is intended solely for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  If you are not the addressee, you are hereby notified that any use, distribution, or copying of this message is strictly prohibited.  If you received this message in error, please notify us by reply e-mail or by telephone (call us collect at the number listed above) and immediately delete this message and any and all of its attachments.  Thank you.

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 nestor at pplsweb.com<mailto:nestor at pplsweb.com>
Sent: Wednesday, August 12, 2020 6:49 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Height Restriction

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

ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.

P Please consider the environment before printing this e-mail.

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.

<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
vCard<http://www.insleebest.com/uploads/vcards/gursich.vcf> | website<http://www.insleebest.com/> | gursich at insleebest.com<mailto:gursich at insleebest.com>

This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed.  If you have received this transmission in error, please immediately return it to the sender.  Unintended transmission shall not constitute waiver of the attorney-client or any other privilege.

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

ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.

P Please consider the environment before printing this e-mail.

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
WSBARP mailing list
WSBARP at lists.wsbarppt.com
http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200812/7bb8cb3f/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 5282 bytes
Desc: image001.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200812/7bb8cb3f/image001.jpg>