[WSBARP] WSBARP Digest, Vol 92, Issue 3
Stephen Whitehouse
swhite8893 at aol.com
Tue May 3 09:24:04 PDT 2022
Sangeeta, You indicate there is an easement agreement, but then say both A and B are supposed to own the strip of land. Thatdoes not quite make sense. If A and B did own the strip, there is no easement as that would merge into the deed. If presently there is an easement apart from the deed, and it is not in the deed to A, then by operation of law the easement was conveyed with the lot. If you need a case, email me separately and I can give it to you. So if you are talking about the ownership of C apart from the easement, you say the document says it goes with Aand B. That would be a bit unusual and would be very document specific. If the original owner of the lots did not ownwhen the deed was signed to B, then who does? So you might be confusing the two issues, but then again the arrangement you are talking about is a bit odd and maybe very language specific. You might get hold of a good title examiner to work through it. I am also wondering if what you call an easement agreement is really a joint use agreement which would be a tenancyin common agreement.
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com
-----Original Message-----
From: wsbarp-request at lists.wsbarppt.com
To: wsbarp at lists.wsbarppt.com
Sent: Tue, May 3, 2022 6:35 am
Subject: WSBARP Digest, Vol 92, Issue 3
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Today's Topics:
1. Seeking Referral - TX Real Estate/Trust Attorney, Preferably
Nacogdoches County (David Faber)
2. Re: Easement issue (Carmen Rowe)
3. Pierce County Trustee's Sale Location? (Allen Sakai)
4. Re: Pierce County Trustee's Sale Location? (Robert McDonald)
5. Re: Real Estate Contract (Mark Anderson)
6. Canada Acknowledgment (Mark Anderson)
7. Re: Canada Acknowledgment (Nestor Gorfinkel)
----------------------------------------------------------------------
Message: 1
Date: Mon, 2 May 2022 12:02:50 -0700
From: David Faber <david at faberfeinson.com>
To: wsbarp <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Seeking Referral - TX Real Estate/Trust Attorney,
Preferably Nacogdoches County
Message-ID:
<CAKkD=wgO=-7_qH1e7MJejvRjA-5nAQyU=T74atdUPM4M3U-mNQ at mail.gmail.com>
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C needs help conveying title to mineral rights in Nacogdoches County, TX
from a defunct revocable trust to a different revocable trust. Does anyone
have a referral for an attorney in that practice & geographic area? If not,
how about in Texas in general?
Best,
David J. Faber
Faber Feinson PLLC
800 Polk Street, Suite B
Port Townsend, WA 98368
(360) 379-4110
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Message: 2
Date: Mon, 2 May 2022 16:19:34 -0700
From: Carmen Rowe <carmen at gryphonlawgroup.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Easement issue
Message-ID:
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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:
> Send WSBARP mailing list submissions to
> wsbarp at lists.wsbarppt.com
>
> To subscribe or unsubscribe via the World Wide Web, visit
> http://mailman.fsr.com/mailman/listinfo/wsbarp
> or, via email, send a message with subject or body 'help' to
> wsbarp-request at lists.wsbarppt.com
>
> You can reach the person managing the list at
> wsbarp-owner at lists.wsbarppt.com
>
> When replying, please edit your Subject line so it is more specific
> than "Re: Contents of WSBARP digest..."
>
>
> Today's Topics:
>
> 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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> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at <mailto:info at bellanddavispllc.com>
> info at bellanddavispllc.com or call 360.683.1129.
>
>
>
>
>
> 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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>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
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> _______________________________________________
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> End of WSBARP Digest, Vol 92, Issue 2
> *************************************
>
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Message: 3
Date: Mon, 2 May 2022 23:21:14 +0000
From: Allen Sakai <asakai at jgslaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Pierce County Trustee's Sale Location?
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I am working on a private foreclosure of a deed of trust encumbering a business condo in Tacoma. Where is the "usual" location of such sales? I need to put the location into the Notices. Thanks!
Allen R. Sakai
Attorney at Law
Jeppesen Gray Sakai P.S.
10655 N.E. 4th Street, Suite 801
Bellevue, WA 98004-5044
Phone: 425-454-2344, ext - 106
Fax: 425-646-8889
asakai at jgslaw.com<mailto:asakai at jgslaw.com>
www.jgslaw.com<http://www.jgslaw.com/>
This communication is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution or duplication of this communication by someone other than the intended addressee or its designated agent is strictly prohibited. If you have received this communication in error, please notify this firm immediately by collect call to (425)-454-2344, or by reply to this communication.
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Message: 4
Date: Mon, 2 May 2022 23:31:19 +0000
From: Robert McDonald <rmcdonald at qualityloan.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Pierce County Trustee's Sale Location?
Message-ID:
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Content-Type: text/plain; charset="us-ascii"
Allen
This is the Pierce Co. location I use for my client's Trustee Sale.
I. NOTICE IS HEREBY GIVEN that XXX , the undersigned Trustee, will on XX/XX/2022, at 10:00 AM At The 2ND floor entry plaza outside the County Courthouse, 930 Tacoma Avenue South, Tacoma, WA 98402 sell at public auction to the highest and best bidder, payable in the form of credit bid or cash bid in the form of cashier's check or certified checks from federally or State chartered banks, at the time of sale the following described real property, situated in the County of PIERCE, State of Washington,
Robert W. McDonald | General Counsel
[cid:image001.jpg at 01CF81A3.73B5F270]
"Excellence Starts Here"
108 1st Avenue South, Suite 202
Seattle, WA 98104
d. 206.596.4862 | f. 206.274.4902 | c. 206.673.6523
rmcdonald at qualityloan.com<mailto:rmcdonald at quailtyloans.com>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Allen Sakai
Sent: Monday, May 2, 2022 4:27 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Pierce County Trustee's Sale Location?
I am working on a private foreclosure of a deed of trust encumbering a business condo in Tacoma. Where is the "usual" location of such sales? I need to put the location into the Notices. Thanks!
Allen R. Sakai
Attorney at Law
Jeppesen Gray Sakai P.S.
10655 N.E. 4th Street, Suite 801
Bellevue, WA 98004-5044
Phone: 425-454-2344, ext - 106
Fax: 425-646-8889
asakai at jgslaw.com<mailto:asakai at jgslaw.com>
www.jgslaw.com<http://www.jgslaw.com/>
This communication is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. You are hereby notified that any dissemination, distribution or duplication of this communication by someone other than the intended addressee or its designated agent is strictly prohibited. If you have received this communication in error, please notify this firm immediately by collect call to (425)-454-2344, or by reply to this communication.
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Message: 5
Date: Tue, 3 May 2022 00:15:35 +0000
From: Mark Anderson <marka at mbaesq.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Real Estate Contract
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Content-Type: text/plain; charset="utf-8"
If the property was sold under a real estate contract, and once the contract is paid in whole or otherwise satisfied, the seller would ultimately convey fee simple title by executing and recording a statutory warranty deed (fulfillment). That wraps up the contract. Usually, the excise tax was paid upon recording the contract.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St Ste 209 PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jan Kelly
Sent: 04/28/2022 9:31 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Real Estate Contract
I just realized that my original post was unclear. I am asking about conveying the property from the grantor/owner to the trustee of the RLT. Is there anything additional to do other than recording a deed? I apologize for the confusion.
On Thu, Apr 28, 2022 at 9:20 AM Bryce Dille <Bryce at dillelaw.com<mailto:Bryce at dillelaw.com>> wrote:
If it was a real estate contract the conveyance to the RLT would be a sellers assignment of contact and deed if was a deed of trust it would be assignment of deed of trust and and note I believe there maybe LPO forms on both if not let me know
Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561
[R_Alan_Swanson-WH-200]
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This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s). If this matter is transmitted to you in error, please notify the sender immediately.
Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.
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 Jan Kelly
Sent: Thursday, April 28, 2022 8:46 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Real Estate Contract
Good morning,
I rarely see real estate contracts anymore. Can you tell me if there is any difference between a real estate contract and deed of trust as it relates to conveyance to the grantor's revocable living trust? Or refer me to a particular statute?
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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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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THIS EMAIL MESSAGE AND ANY ATTACHMENTS ARE CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. Any unauthorized review, use, copying, disclosure or distribution of any information contained in or attached to this communication is STRICTLY PROHIBITED. If you have received this communication in error, or are not the named recipient, please immediately notify the sender by email by "reply to sender only" and delete this message and any attached documents from your computer. Receipt by anyone other than the intended recipient(s) is not a waiver of confidentiality and/or any legal privilege. Thank you.
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Message: 6
Date: Tue, 3 May 2022 00:22:33 +0000
From: Mark Anderson <marka at mbaesq.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Canada Acknowledgment
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One Party to a deed is located in British Columbia. Party's signature needs to be acknowledged. Do any of you have a handy form of acknowledgement for someone signing in Canada?
Thanks.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St Ste 209 PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.
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Message: 7
Date: Tue, 3 May 2022 13:34:52 +0000
From: Nestor Gorfinkel <esq at gorfinkel-law.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Canada Acknowledgment
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I have used this format in the past without any issues.
Cordially,
Nestor Gorfinkel, Attorney at Law
Licensed in Florida & Washington State
Florida Civil-Law (International) Notary
[cid:image001.jpg at 01D85ED1.09978390]
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Monday, May 2, 2022 8:23 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Canada Acknowledgment
One Party to a deed is located in British Columbia. Party's signature needs to be acknowledged. Do any of you have a handy form of acknowledgement for someone signing in Canada?
Thanks.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St Ste 209 PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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