[WSBARP] Amending an Easement

[Trish Usab]

I think your relevant easement to be changed was created by Plat.  If so, I think this case requires an amendment of plat, which is what we discussed early on in the process, but an amendment of plat will require signature of all owners.  I know you wanted to see who knows there stuff and see what sticks, but this could be an easy case for the county to say their hands are tied.  I just thought I would share it.

I think the county’s counsel, Nathan Smith is on the RPPT and this listerve.

Best regards,
Tricia D. Usab
Paine Hamblen
717 W. Sprague Ave., Ste. 1200
Spokane, WA 99201
(509) 455-6000
Trish.Usab at PaineHamblen.com

[PHEmailLogoFinal]

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Erik Marks
Sent: Friday, April 22, 2022 1:06 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Amending an Easement

I ran into a similar question on a BLA recently.  You might have a look at MKKI v Krueger  135 WnApp 647 (2006).  "With limited and specific exceptions, once a private easement is depicted on a short plat, the easement cannot be extinguished without amending the plat document."


--
Erik G Marks
Attorney at Law
PO Box 16247
Seattle, WA 98116

(206) 612-8653
erik at egmrealestate.com<mailto:erik at egmrealestate.com>
Physical Office:
4220 SW Spokane St
Seattle, WA 98116


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220424/5996ca71/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 1980 bytes
Desc: image002.jpg
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20220424/5996ca71/image002.jpg>