[WSBARP] Grantee in a Common Road / Private Road Easement.

Jamie Morin morin at confluencelaw.com
Mon Feb 10 15:17:30 PST 2020


I'm looking for some thoughts on how to describe the grantee in an easement agreement:

Collection of 20+/- homes on the coast.  Only one access road into the community from County Highway.  Current access road is increasingly unstable.  Property owner adjacent to the existing main access is willing to sell an easement which will allow for the access road to be moved to more solid ground.  How should the grantee be memorialized on the easement?

Finding one common grantee seems out of the question:
Once upon a time, there was an HOA but went bankrupt and was administratively dissolved 20 years about after protracted infighting and litigation.
A collection of the property owners are coming together to purchase the easement and repair the road for the collective good, but this collection is not all the property owners and is not formally organized.  Can this be an unincorporated association and called out as such in and easement or will this cause the easement to fail because the grantee isn't a corporate entity?
Or can the easement be one easement granted to multiple grantees
or does there need to be an easement recorded for the benefit of each of the properties?

Thanks in advance.

Jamie Morin | Attorney at Law

[https://htmlsigs.s3.amazonaws.com/logos/files/001/140/508/landscape/ConfluenceLaw-Final-h.png]<https://htmlsig.com/t/000001ES87DN>
Direct: (206)502-4405 | Cell: (206)498-2381
(509)295-WLAW | morin at confluencelaw.com<mailto:morin at confluencelaw.com>
110 Prefontaine Pl. S., Suite 304, Seattle, WA 98104
505 W Riverside Ave., Suite 505, Spokane, WA 99201

-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 14639 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200210/3c4bf36e/winmail.dat>


More information about the WSBARP mailing list