[WSBARP] Easement for property in different county

Fri Jun 11 16:55:59 PDT 2021

Upon request a title company can be persuaded to insure an appurtenant easement.  If we can determine that the easement was validly created we are willing to insure, but we do need to be asked to do so.

John McCrady
Counsel
Puget Sound Title Company
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University Place WA 98467
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kary Krismer
Sent: Friday, June 11, 2021 4:40 PM
To: wsbarp at lists.wsbarppt.com; Dwight Bickel <dwight at dwightbickel.com>
Subject: Re: [WSBARP] Easement for property in different county

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

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)

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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
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720 E. Washington Street, Suite 105
Sequim WA 98382
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