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

[msafren at jennylinglaw.com]

Hi Steve,

 

Thanks for your questions.  Hopefully the below information can help clarify
and allow you to better understand the scenario:

 

Client owns Parcel A and Parcel B.

 

Parcel A has a legal undivided fractional interest in a community beach.  

Parcel B does not.

 

Client wants to transfer the legal undivided fractional interest in the
community beach from Parcel A to Parcel B.

 

Can said transfer be accomplished via a Quit Claim Deed? I don't believe
that this interest is an easement because the interest is a possessory
interest which is contained and described in the legal description of Parcel
A. 

 

 

 

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 |
<http://www.facebook.com/jennylinglaw/> facebook.com/jennylinglaw/ 

 


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Stephen Brandli
Sent: Thursday, January 7, 2021 12:50 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Transfer of an element of an Interest in Real Property

 

What is being transferred exactly?  What does it mean to transfer "a
fractional undivided interest" "to another parcel?"  If the PC owns both the
interest being transferred and the parcel to which you intend to "transfer"
that interest, what exactly is changing?

 

I'm wondering if there is an easement benefiting the first parcel over the
waterfront, and the PC wants the second parcel to benefit from that easement
as well.  Is that what you are trying to accomplish?

 

                Steve

 

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com> On Behalf Of msafren at jennylinglaw.com
<mailto:msafren at jennylinglaw.com> 
Sent: Thursday, January 7, 2021 12:44 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: [WSBARP] Transfer of an element of an Interest in Real Property

 

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 |
<http://www.facebook.com/jennylinglaw/> facebook.com/jennylinglaw/ 

 


This communication, including attachments, may contain information that is
confidential and protected by the attorney/client or other privileges. It
constitutes non-public information intended to be conveyed only to the
designated recipient(s). If the reader or recipient of this communication is
not the intended recipient, an employee or agent of the intended recipient
who is responsible for delivering it to the intended recipient, or you
believe that you have received this communication in error, please notify
the sender immediately by return e-mail and promptly delete this e-mail,
including attachments without reading or saving them in any manner. The
unauthorized use, dissemination, distribution, or reproduction of this
e-mail, including attachments, is prohibited and may be unlawful. Receipt by
anyone other than the intended recipient(s) is not a waiver of any
attorney/client or other privilege. 

 

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