[WSBARP] Granting Easement over Neighbors' properties

[John McCrady]

There is a lot of writing out there on the concept of overburdening.
I recently found an interesting case Brown v. Voss 105 Wn.2d 514 with some cites to cases that might help.

John McCrady
Counsel
Puget Sound Title Company
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jeff Davis
Sent: Wednesday, January 06, 2021 10:10 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Granting Easement over Neighbors' properties

Listmates:

Years ago a common grantor/seller sold an adjoining parcel reserving an easement for ingress/egress for himself, allowing him to go out the west side, and granting an easement, for ingress/egress, to the buyer that goes over seller's property which allows access from the east side.  The east side access is not developed.

Buyer's property has been sold several times.  The current owner purchased adjacent property to the north which he wants to develop into separate home sites.  That north property has its own easement, located on that property, allowing access from the west.  Buyer, however, does not want to develop that access route but grant easements over his property and the other property to the east.  He will retain ownership of the property originally granted the easement to the east.

I never thought you could burden another's property with an additional easement, when you are not selling your property.  Sure, he can grant an easement over his property, but don't the other property owners to the east also have to grant new easements?

Your insight would be helpful.

Jeff

W. Jeff Davis, Esq.
BELL & DAVIS PLLC
P.O. Box 510
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