[WSBARP] Easement issue

Mon May 2 16:19:34 PDT 2022

On the below -
There is actually a case that may be darn close to directly on point - half
of the court decision was spent having to do as you did, lay out this
history of parcel sales/ownership across a grid of parcels, various rights
on an access easement across parts of some of the parcels, someone granted
an easement over an adjoining parcel he used to own but didn't anymore,
invalid of course.

I can't remember the name off-hand but I'll see if I can find it tomorrow -
meanwhile mentioning it in case rings a bell and someone else can recall
off hand.

Carmen Rowe, Attorney/Owner

Phone: (360) 669-3576 (direct cell)
Email:  Carmen at GryphonLawGroup.com

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On Mon, May 2, 2022 at 12:00 PM <wsbarp-request at lists.wsbarppt.com> wrote:

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> Today's Topics:
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>    1. Easement Issue (Sangeeta Saigal)
>    2. Re: Easement Issue (Jeff at bellanddavispllc.com)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 2 May 2022 18:04:22 +0000
> From: Sangeeta Saigal <attorney at sangeetasaigal.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Easement Issue
> Message-ID: <A4239784-A804-427B-920F-077A0F9392EE at sangeetasaigal.com>
> Content-Type: text/plain; charset="utf-8"
>
> Good Morning,
>
> Would appreciate advice on the following:  If you have time to discuss in
> person that would be great.
>
> There are 3 parcels of property in Seattle.  Parcel A and B are
> properties.  Parcel C is an easement parcel for properties A and B.  A
> recorded easement agreement in 1980 with the deed says that owners of
> parcels A and B are joint owners in one half interest of C and any future
> sales of said properties A and B also conveys the ? interest in property C
> to future owners.
>
> Over the years, both Parcel A and B were sold but somewhere along the line
> the joint ownership in parcel C seems not to have been conveyed despite the
> initial agreement above for parcel C rights in future sales.
>
> In 2017, the owner of parcel B got the original owner of parcel A to QCD
> their interest in parcel C despite the fact that this person no longer
> owned parcel A above and had no rights to QCD the interest in parcel C.
> they never reached out to the current owner of parcel A.
>
> Questions:
>
> What are the steps the present owner of parcel A need to take to
> straighten this out.
>
> Thanks is advance for your time.
>
> Sangeeta
>
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> ------------------------------
>
> Message: 2
> Date: Mon, 2 May 2022 11:44:12 -0700
> From: <Jeff at bellanddavispllc.com>
> To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Easement Issue
> Message-ID: <006a01d85e54$9e5df090$db19d1b0$@bellanddavispllc.com>
> Content-Type: text/plain; charset="utf-8"
>
> I assume the current owner of Parcel A took title under a statutory
> warranty deed (and that the original owner sold using a SWD).  If so, the
> QCD from original owner to B is worthless as original owner had no interest
> left in parcel C.  What is B trying to do?  Have they tried to block A from
> using the easement?  If there is a dispute, a quiet title action may be
> necessary.
>
>
>
> Jeff
>
>
>
> W. Jeff Davis
>
> BELL & DAVIS PLLC
> P.O. Box 510
>
> 720 E. Washington Street, Suite 105
> Sequim WA 98382
> Phone: (360) 683.1129
> Fax: (360) 683.1258
> email: jeff at bellanddavispllc.com <mailto:jeff at bellanddavispllc.com>
>  <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged,
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>
>
>
>
> From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
> On Behalf Of Sangeeta Saigal
> Sent: Monday, May 2, 2022 11:04 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Easement Issue
>
>
>
> Good Morning,
>
>
>
> Would appreciate advice on the following:  If you have time to discuss in
> person that would be great.
>
>
>
> There are 3 parcels of property in Seattle.  Parcel A and B are
> properties.  Parcel C is an easement parcel for properties A and B.  A
> recorded easement agreement in 1980 with the deed says that owners of
> parcels A and B are joint owners in one half interest of C and any future
> sales of said properties A and B also conveys the ? interest in property C
> to future owners.
>
>
>
> Over the years, both Parcel A and B were sold but somewhere along the line
> the joint ownership in parcel C seems not to have been conveyed despite the
> initial agreement above for parcel C rights in future sales.
>
>
>
> In 2017, the owner of parcel B got the original owner of parcel A to QCD
> their interest in parcel C despite the fact that this person no longer
> owned parcel A above and had no rights to QCD the interest in parcel C.
> they never reached out to the current owner of parcel A.
>
>
>
> Questions:
>
>
>
> What are the steps the present owner of parcel A need to take to
> straighten this out.
>
>
>
> Thanks is advance for your time.
>
>
>
> Sangeeta
>
>
>
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