[WSBARP] House Constructed Over Lot Line

[John McCrady]

What I have done in similar circumstances is to create the easement and record it while the properties are in unified ownership.  Then when one of the parcels sells the grantor reserves the easement in their deed, or excepts it from the covenants of warranty.
I would like to hear any contrary viewpoints though.


John McCrady
Counsel
Puget Sound Title Company
5350 Orchard Street West
University Place WA 98467
253-476-5721
j.mccrady at pstitle.com



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-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of David
Sent: Friday, August 19, 2022 12:59 PM
To: 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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