[WSBARP] Easement with no original conveyance of record

[Eric Nelsen]

Okay—I think the analysis would be of the recorded real estate contract then. The RE contract can validly create an easement over that third parcel, if the Seller also owned the third parcel at the time of sale of Parcel A. If the Seller didn’t, then obviously not, since no one can grant an easement over property they don’t actually own.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Ryan P. Coon
Sent: Wednesday, January 27, 2021 4:47 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Easement with no original conveyance of record


To answer your question Eric, the situation is actual more complicated than I explained, there's a third parcel seeking to use the easement (the third parcel is also burdened by the easement described in the real estate contract). Our dispute is with that third parcel and we're primarily focused on the third parcels lack of rights to the purported easement, but we're exploring other possible avenues such as whether the easement was ever validly created to begin with.

Very Truly Yours,
Ryan P. Coon
Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)

This message contains confidential and privileged information that is intended only for the named recipient(s).  Unless you are the named recipient or authorized agent thereof, you are prohibited from reading, copying, distributing or otherwise disseminating such information.  If you receive this communication in error, please notify the sender immediately.

On 1/27/2021 4:20 PM, Eric Nelsen wrote:
I think Buyer has proper title to Parcel A with an easement over Parcel B, assuming the recorded Real Estate Contract is valid and properly describes Parcel A and creates the easement over Parcel B. But what is Buyer intending to do, that prompts the question if Buyer’s title is good? If Buyer intends to sell and the contract isn’t paid off, then I would expect them to sell via something like LPO 14-05, “Deed & Purchaser’s Assignment of Contract.”
https://www.wsba.org/for-legal-professionals/join-the-legal-profession-in-wa/limited-practice-officers/lpo-forms

On the other hand, if the contract is paid off, then it would be best to first get a fulfillment deed from the Seller so the contract terms are cleared and Buyer has full title, and then Buyer can sell on a standard PSA and convey via an ordinary warranty deed.

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis. Please direct mail and deliveries to the Seattle office.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com><mailto:wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Ryan P. Coon
Sent: Wednesday, January 27, 2021 3:57 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com><mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Easement with no original conveyance of record


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.

10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)

This message contains confidential and privileged information that is intended only for the named recipient(s).  Unless you are the named recipient or authorized agent thereof, you are prohibited from reading, copying, distributing or otherwise disseminating such information.  If you receive this communication in error, please notify the sender immediately.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20210128/498e89e7/attachment.html>