[WSBARP] House Constructed Over Lot Line

[Mark Anderson]

Short of a BLA, I like the idea of putting one of the properties into a sole purpose LLC and then creating the easements.  But before you create such an easement, I would check with the local planning officials to see if and how that might affect the permissibility and ability to build on the servient parcel.

Mark B. Anderson
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rich Holland
Sent: 08/19/2022 1:20 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] House Constructed Over Lot Line

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
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of David <dpw at thewilliamslawfirm.com<mailto:dpw at thewilliamslawfirm.com>>
Sent: Friday, August 19, 2022 12:58:57 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com> <wsbarp at lists.wsbarppt.com<mailto: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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