[WSBARP] Granting Easement over Neighbors' properties

[Jeff Davis]

Thank you all for your responses; very helpful!

 

Jeff

 

From: John McCrady <j.mccrady at pstitle.com> 
Sent: Wednesday, January 6, 2021 11:21 AM
To: jeff at bellanddavispllc.com; WSBA Real Property Listserv
<wsbarp at lists.wsbarppt.com>
Subject: RE: [WSBARP] Granting Easement over Neighbors' properties

 

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

5350 Orchard Street West

University Place WA 98467

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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 Jeff Davis
Sent: Wednesday, January 06, 2021 10:10 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto: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
Sequim WA 98382
Phone No.:(360) 683.1129 
Fax No.: (360) 683.1258 
email:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 
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