[WSBARP] Easement with no original conveyance of record
Ryan P. Coon
cole-gilday at stanwoodlaw.net
Wed Jan 27 15:56:33 PST 2021
List-mates,
Bit of a complicated question that I can't seem to find an answer on...
/Seller /owns two adjacent parcels, Parcels A and B. Real estate
contract recorded (but no deed that we can find) where /Seller/ agrees
to sell Parcel A including an easement over parcel B to /Buyer/. Despite
no recorded deed, the parties subsequently act as if conveyance took
place (/Buyer/ deeds Parcel A w/ the easement to a Third party who in
turn deeds the same Parcel A w/ easement to another party, so on and so
forth).
Without a recorded deed what is the status of the title to Parcel B? Is
/Buyers/ line of title good? Or would title go to /Seller/ and /Sellers
heirs/? If Buyers line of title is good, does that include the easement?
We represent the subsequent owner of Parcel B (the parcel burdened by
the possible easement) and we're trying to determine if the easement was
ever actually granted or conveyed. Any insight would be much appreciated.
--
Very Truly Yours,
Ryan P. Coon
Law Office of Cole & Gilday, P.C.
//
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