[WSBARP] input please

[John McCrady]

That does change the formula.  In a tenancy in common each tenant enjoys equal use of the property.  As long as the use to access the non-short plat parcel does not unduly infringe on the other co-tenants' use of Tract P, I don't see any issue with using Tract P to access the other parcel.

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



Beginning July 26, 2021, recording fees for most documents recorded in Washington will increase by $100<https://www.piercecountywa.gov/DocumentCenter/View/105275/Recording-Fee-Schedule-Effective-Jul-25-2021->. Please be sure to collect recording fees accordingly. Due to the above increase, our Reconveyance fees will also be increased by $100.00

WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.


From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Leighann Hansing
Sent: Tuesday, May 24, 2022 9:14 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] input please

Thank you for taking the time to respond. Does it make any difference that "Tract P" is not an easement? There is no dominant or servient estate. Each Lot to the Short Plat has "an undivided interest in "Tract P"".

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 John McCrady
Sent: Tuesday, May 24, 2022 9:01 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] input please

You would need to study the title to the short plat to see where the easement was created and who it was meant to benefit.  (it may have been created before the short plat and then delineated on the short plat, or it may have been created by delineation on the short plat.
Most easements created by delineation on the short plat would benefit only the lots on the short plat, so a use by one of the short plat owners to access property outside of the short plat may be considered improper use, and subject to objection by the other short plat lot owners.

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



Beginning July 26, 2021, recording fees for most documents recorded in Washington will increase by $100<https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.piercecountywa.gov%2FDocumentCenter%2FView%2F105275%2FRecording-Fee-Schedule-Effective-Jul-25-2021-&data=05%7C01%7C%7C8491efb140024375255008da3d9ff2a7%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637890054445734151%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=%2FzZRSsXvMped28Urx%2BuRB19t75qENqsfa2yAW8CArhA%3D&reserved=0>. Please be sure to collect recording fees accordingly. Due to the above increase, our Reconveyance fees will also be increased by $100.00

WARNING-FRAUDULENT FUNDING INSTRUCTIONS
Email hacking and fraud are on the rise to fraudulently misdirect funds.  Please call your escrow officer immediately using contact information found from an independent source, such as the sales contract or internet, to verify any funding instructions received.  We are not responsible for any wire sent by you to an incorrect bank account.


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 Leighann Hansing
Sent: Monday, May 23, 2022 7:01 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] input please

Good evening all,
I think I know the answer but I would really love some input/insight from anyone able and willing. I'm open to crafty solutions/suggestions.

Thanks,
Leigh Ann Hansing
425.202.5922
leighann at hansinglegal.com<mailto:leighann at hansinglegal.com>

See, below drawing for reference

Business, LLC is neighbor to a short plat but not included. The short plat includes 5 lots; 3 are residential and 2 are designated "unbuildable" by King County. Each lot has an "undivided interest in Tract "P" which has a private access road built on it. There's an RMA stating that the Lot owners are responsible for the costs of maintaining the road.

Business, LLC would like to use "Tract P" to access the back of its property by vehicle.  The current layout of the Business, LLC lot makes it almost impossible. The only feasible access is via "Tract P." If Business, LLC buys Short Plat Lot 3, which is unbuildable, could Business, LLC use "Tract P" to access the Business, LLC property? What if it bought Lot 1 (also unbuildable)?

[Diagram    Description automatically generated]

Bakery, LLC owns

Leigh Ann Hansing
Attorney  |  MBA
Mobile: (425) 202-5922
leighann at hansinglegal.com<mailto:leighann at hansinglegal.com>
[cid:image002.png at 01D86F66.C86BE090]






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