[WSBARP] House Constructed Over Lot Line

[Rich Holland]

I do not know about a change in case law.  In situations like this, I would have the client put one of the properties into a sole purpose LLC first I think by qcd to avoid it as a potential issue

Rich on his phone
________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of David <dpw at thewilliamslawfirm.com>
Sent: Friday, August 19, 2022 12:58:57 PM
To: wsbarp at lists.wsbarppt.com <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] House Constructed Over Lot Line

Listmates—a few days ago there was a post about an property owner who owned three contiguous lots who built his house on Lot B that extended 10 feet into Lot C. The consensus of how to deal with that issue was for the owner to grant an easement on Lot C for the benefit of Lot B. That was my thought as well.
Later, I recalled something for Stoebuck’s Washington Practice where he states that an easement appurtenant “implies at least two parcels of land…and these parcels must be in separate ownership; one person who owns two separate parcels of land cannot have an easement across one that serves the other.” He cites a 1918 case.102 Washi. 608, 173 P. 508.
Is the solution to clearly make the easement “in gross” or has there been a case that reverses the 1918 result?




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