[WSBARP] Reciprocal Easement

[scott at scottgthomaslaw.com]

If this system will be jointly used, be certain to include a maintenance provision that sets out how maintenance is going to be paid for, how a contractor is to be selected, how issues are to be resolved in the future with the local health department, who is responsible for obtaining construction permits, what happens if the size of the system is to be increased because one of the structures is enlarged and produces additional flow, and the requirements for maintaining insurance policies (including pollution liability).  See WAC 246-272A.

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jan Kelly
Sent: Wednesday, January 26, 2022 11:08 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Reciprocal Easement

 

Good morning, 

 

Client is installing a new septic system with the neighboring property. The tank and drain field areas both span both properties, and will be owned 50/50 with the neighbors. I haven't prepared a reciprocal easement before. Is there any particular language to include, outside of the normal easement terms? Thank you.


 

-- 

Jan Kelly, JD/MBA
Attorney at Law 

JK Law
PO Box 1964
Poulsbo, WA 98370
Direct Line (702) 338-6733

Licensed in Nevada and Washington.

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