[WSBARP] Amending an Easement

[Rich Holland]

Scenario:  Only record of grant of access easement (40') seems to be in a short plat / BLA approved decades ago.  No language of grant; just 'drawn' on the map.  Subsequent documents refer to the BLA as the source of the easement.  More recent document 'restates' that easement exists (referencing BLA again).  Current owners of all the affected properties want to reduce the width of the easement.

My immediate thought was to draft an Amendment of Easement referencing the documents in title that mention the easement and it's location in the BLA and 'shrink it' by referencing the width of the existing utility easement (30') and all parties agree that is the end result that they want.

Does the apparent fact that the Easement was only created in the BLA and/or is present on the map of the BLA require that the BLA be amended or the easement be 'approved' by the municipal overlords?

Sincerely,

Richard L. Holland
Attorney, WSBA# 23921

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