[WSBARP] Easement for property in different county
Kary Krismer
Krismer at comcast.net
Fri Jun 11 16:39:53 PDT 2021
Maybe Dwight B. can chime in (if he's on this listserve), but I seem to
recall that such easement rights do not always show up on title reports,
are not always included as part of the legal description, nor is the
title company always willing to insure the rights granted. I can't
remember the transaction where the issue came up, but I did have a
transaction where the easement burdening the property was shown because
it not only burdened the property but was created as part of the short
plat that created the parcel, and the title exception said:
"THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS
BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE
PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES
OF SAID LAND."
They seemingly didn't even want to insure that the covenants in the
short plat benefited the property, as opposed to burdening the property.
Kary L. Krismer
206 723-2148
On 6/11/2021 3:51 PM, Douglas Scott wrote:
> The dominant estate property's future assignees or purchasers should
> also be on notice that they have easement rights.
>
> *DOUGLAS W. SCOTT*
> Rainier Legal Advocates|LLC
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> On Fri, Jun 11, 2021 at 3:37 PM Kary Krismer <Krismer at comcast.net
> <mailto:Krismer at comcast.net>> wrote:
>
> Not that I see any harm in two documents recorded in two counties,
> but . . .
>
> 1. Maybe someone could explain to me why you would need to record
> in both counties, as opposed to just the county with the servient
> estate--the one with property burdened by the easement. This
> isn't like a deed of trust with property in multiple counties.
> Recording is notice to third parties and I'm not seeing what
> recording an easement does in the county of the benefited estate.
>
> 2. In answer your question the only time I've seen a document
> recorded in two counties is where a deed was accidentally recorded
> in the wrong county. I don't think they created a new deed to
> fix the error, but that was years ago and I wasn't part of that
> process. Would the recorder reject a document if there wasn't
> enough space for their stamping?
>
> Kary L. Krismer
> 206 723-2148
>
> On 6/11/2021 1:44 PM, Jeff at bellanddavispllc.com
> <mailto:Jeff at bellanddavispllc.com> wrote:
>>
>> Listmates,
>>
>> Client’s property is in Clallam County. Neighbor, whose land is
>> in Jefferson County, is granting an easement to Client for a long
>> standing encroaching septic drain field. This may be rhetorical;
>> but I assume I need two, identical, easement agreements signed,
>> with one recorded in Clallam County and the other in Jefferson
>> County. Has anyone recorded the same document with two different
>> county auditors?
>>
>> Jeff
>>
>> *W. Jeff Davis*
>>
>> *BELL & DAVIS PLLC*
>> P.O. Box 510
>>
>> 720 E. Washington Street, Suite 105
>> Sequim WA 98382
>> Phone: (360) 683.1129
>> Fax: (360) 683.1258
>> email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
>> www.bellanddavispllc.com <http://www.bellanddavispllc.com/>
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