[WSBARP] Amending an Easement

[scott at scottgthomaslaw.com]

See RCW 58.17.060 and 58.17.215 (but see also 58.17.218 and 64.04.175).

 

Cheapest insurance might be to ask the local government for a copy of the
short plat conditions of approval, which hopefully will include a paragraph
or two that discusses the reason for the easement and provide other helpful
tidbits.

 

Scott Thomas

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Rich Holland
Sent: Thursday, April 21, 2022 12:40 PM
To: WSBA Real Property (wsbarp at LISTS.WSBARPPT.COM)
<wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Amending an Easement

 

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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