[WSBARP] WSBARP Digest, Vol 81, Issue 12

Stephen Whitehouse swhite8893 at aol.com
Sat Jun 12 14:44:00 PDT 2021


Jeff,     You could just record in one county, and then record a certified copy of that document in the other county.
Steve

Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com


-----Original Message-----
From: wsbarp-request at lists.wsbarppt.com
To: wsbarp at lists.wsbarppt.com
Sent: Sat, Jun 12, 2021 12:00 pm
Subject: WSBARP Digest, Vol 81, Issue 12

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Today's Topics:

  1. Referral for Oregon licensed lawyer to set up Oregon company
      for Washington client's real estate holdings (Douglas Owens)
  2. Easement for property in different county
      (Jeff at bellanddavispllc.com)
  3. Re: Easement for property in different county (Douglas Scott)
  4. Re: Easement for property in different county
      (Jeff at bellanddavispllc.com)
  5. Re: Easement for property in different county (Kary Krismer)
  6. Re: Easement for property in different county (Douglas Scott)
  7. Re: Easement for property in different county (Kary Krismer)
  8. Re: Easement for property in different county (John McCrady)


----------------------------------------------------------------------

Message: 1
Date: Fri, 11 Jun 2021 19:48:47 +0000
From: Douglas Owens <dougowens at seattlerelawyer.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Referral for Oregon licensed lawyer to set up Oregon
    company for Washington client's real estate holdings
Message-ID: <49C65364-17BD-4CC5-B81E-53296BFE3DA4 at seattlerelawyer.com>
Content-Type: text/plain; charset="us-ascii"

Dear Listmates, I have a client who needs an Oregon licensed lawyer to help set up a company to hold real estate for rental in Oregon.  Self referrals are welcome.  Thank you.  Yours truly, Doug Owens



------------------------------

Message: 2
Date: Fri, 11 Jun 2021 13:44:32 -0700
From: <Jeff at bellanddavispllc.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Easement for property in different county
Message-ID: <012001d75f02$95f71410$c1e53c30$@bellanddavispllc.com>
Content-Type: text/plain; charset="us-ascii"

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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129.

 

 

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Message: 3
Date: Fri, 11 Jun 2021 14:11:02 -0700
From: Douglas Scott <doug at rainieradvocates.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Easement for property in different county
Message-ID:
    <CANnLPWAgGhsUOxm97xV-x4K1_puzaW_BkF+KUifTp_8oZS00+Q at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

Dominant estate in one county and servient estate in the next county.  I
would have 2 easement agreements executed, one with a Clallum County  cover
sheet and the other one a Jefferson County cover sheet and then record in
both counties.

*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

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



www.rainieradvocates.com


Notice: 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


On Fri, Jun 11, 2021 at 1:46 PM <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
> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the intended
> recipient, any dissemination, distribution, or copying is strictly
> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at info at bellanddavispllc.com  or call
> 360.683.1129.
>
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 4
Date: Fri, 11 Jun 2021 14:16:00 -0700
From: <Jeff at bellanddavispllc.com>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Easement for property in different county
Message-ID: <001201d75f06$fac117c0$f0434740$@bellanddavispllc.com>
Content-Type: text/plain; charset="utf-8"

Thank you.  That is what I will do.

 

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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

 

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Douglas Scott
Sent: Friday, June 11, 2021 2:11 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Easement for property in different county

 

Dominant estate in one county and servient estate in the next county.  I would have 2 easement agreements executed, one with a Clallum County  cover sheet and the other one a Jefferson County cover sheet and then record in both counties.  




DOUGLAS W. SCOTT

Rainier Legal Advocates|LLC

 

465 Rainier Blvd. N., Suite C 

Issaquah, Washington 98027 

425.392.8550 (tel)

425.392.2829 (fax)

 

 

 

 <http://www.rainieradvocates.com/> www.rainieradvocates.com

 

 

Notice: 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

 

 

On Fri, Jun 11, 2021 at 1:46 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:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

 

 

***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***

_______________________________________________
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Message: 5
Date: Fri, 11 Jun 2021 15:35:06 -0700
From: Kary Krismer <Krismer at comcast.net>
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Easement for property in different county
Message-ID: <27b2c3eb-8472-fd0e-0edd-c6f5bd940468 at comcast.net>
Content-Type: text/plain; charset="windows-1252"; Format="flowed"

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 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/>
>
> The information contained in this e-mail message may be privileged, 
> confidential, and protected from disclosure. If you are not the 
> intended recipient, any dissemination, distribution, or copying is 
> strictly prohibited. If you think that you have received this e-mail 
> message in error, please e-mail the sender at 
> info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>or call 
> 360.683.1129.
>
> **
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 6
Date: Fri, 11 Jun 2021 15:51:53 -0700
From: Douglas Scott <doug at rainieradvocates.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Easement for property in different county
Message-ID:
    <CANnLPWCW0QXxZE4jkU3y0rVwevrkwvJZYq_B5fD2pt5GbLBSiQ at mail.gmail.com>
Content-Type: text/plain; charset="utf-8"

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)



www.rainieradvocates.com


Notice: 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


On Fri, Jun 11, 2021 at 3:37 PM Kary Krismer <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 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
> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the intended
> recipient, any dissemination, distribution, or copying is strictly
> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at info at bellanddavispllc.com  or call
> 360.683.1129.
>
>
>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing listWSBARP at lists.wsbarppt.comhttp://mailman.fsr.com/mailman/listinfo/wsbarp
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 7
Date: Fri, 11 Jun 2021 16:39:53 -0700
From: Kary Krismer <Krismer at comcast.net>
To: wsbarp at lists.wsbarppt.com, Dwight Bickel <dwight at dwightbickel.com>
Subject: Re: [WSBARP] Easement for property in different county
Message-ID: <31c2d6b5-1115-1d4b-bcff-f850a2f7bc04 at comcast.net>
Content-Type: text/plain; charset="utf-8"; Format="flowed"

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)
> *
> *
>
>
> www.rainieradvocates.com <http://www.rainieradvocates.com/>
>
>
> Notice: 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
>
>
> 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/>
>>
>>    The information contained in this e-mail message may be
>>    privileged, confidential, and protected from disclosure. If you
>>    are not the intended recipient, any dissemination, distribution,
>>    or copying is strictly prohibited. If you think that you have
>>    received this e-mail message in error, please e-mail the sender
>>    at info at bellanddavispllc.com <mailto:info at bellanddavispllc.com>?
>>    or call 360.683.1129.
>>
>>    **
>>
>>
>>    ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>>
>>    _______________________________________________
>>    WSBARP mailing list
>>    WSBARP at lists.wsbarppt.com  <mailto:WSBARP at lists.wsbarppt.com>
>>    http://mailman.fsr.com/mailman/listinfo/wsbarp  <http://mailman.fsr.com/mailman/listinfo/wsbarp>
>    ***Disclaimer: Please note that RPPT listserv participation is not
>    restricted to practicing attorneys and may include non-practicing
>    attorneys, law students, professionals working in related fields,
>    and others.***
>
>    _______________________________________________
>    WSBARP mailing list
>    WSBARP at lists.wsbarppt.com <mailto:WSBARP at lists.wsbarppt.com>
>    http://mailman.fsr.com/mailman/listinfo/wsbarp
>    <http://mailman.fsr.com/mailman/listinfo/wsbarp>
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
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Message: 8
Date: Fri, 11 Jun 2021 23:55:59 +0000
From: John McCrady <j.mccrady at pstitle.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Easement for property in different county
Message-ID: <a7335e8e9efb4fe0819b082e496b2085 at PST-MAIL.pstitle.com>
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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
5350 Orchard Street West
University Place WA 98467
253-476-5721
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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
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
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Fax: (360) 683.1258
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