[WSBARP] Transfer of an element of an Interest in Real Property

[msafren at jennylinglaw.com]

Hello Braintrust,

 

I was approached by a potential client to transfer an element of their real
property, a fractional undivided interest in another parcel with waterfront
access, to another parcel that the potential client owns.

 

  My first thought is that the transfer could be accomplished by a Quit
Claim Deed  because i) the element in the property is a possessory interest
(i.e. not an easement)  and ii) this is an acquirable distinct element of
the property that is transferable and iii)  not a subdivision/ boundary line
adjustment. Etc.  I believe that the transfer would be exempt from Real
Estate Excise Tax because the transfer would be considered a gift as there
was no exchange of consideration.  

 

I'm now second guessing myself and wondering if conveyance by deed is the
correct method.  Am I overthinking this? 

 

All suggestions are welcome

 

Warmest regards,

Michael S. Safren, Esq. 
Attorney at Law 

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168 
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005 
P: (206) 859-5098 | E:  <mailto:msafren at jennylinglaw.com>
msafren at jennylinglaw.com 
 <http://www.jennylinglaw.com/> www.jennylinglaw.com |
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