[WSBARP] recording restrictive covenant

[Craig Gourley]

Owner listed as both grantor and grantee.  I understand merger so when the property is sold the deed will need to say subject to the covenant recorded under XXX to revive it.  We do this all the time for recording easements in developments.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Eric Lanza
Sent: Tuesday, October 25, 2022 3:35 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] recording restrictive covenant

Did you attempt to record the document without a listing grantee at all? Although I have had many frustrating experiences with county auditors, I'll play devil's advocate on this one:

The auditor is in charge of indexing documents by type, by parcel number, by abbreviated legal, and by grantor/grantee.

They need to put SOMETHING in for a grantee, just as they need to input SOMETHING in regards to abbreviated legal and/or tax parcel number.

I think restrictive covenants like this one are appropriately directed to "Public" as Grantee, because the covenant is to put the world (i.e. any possible prospective buyers) on notice of the deed restriction, "Public" as grantee is common for restrictive covenants and surveys.

However, I suppose you could list [Owner's name] at grantor and grantee---all you are really trying to do is get something recorded so it pops up on a title report.

If you did in fact write  [owner's name] as both grantor and grantee, I don't think the auditor has any business telling you to change the name of the grantee from [owner's name] to "public," but I can see them taking issue with there being no grantee listed-it is an indexing field that needs to be filled in.

Eric J. Lanza, J.D.

[cid:image001.png at 01D8E888.51026F60]



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 Dwight Bickel
Sent: Tuesday, October 25, 2022 3:13 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] recording restrictive covenant

The Auditor thinks you are creating a covenant to be enforced by anyone in the public. Not likely what your client intends.

Why are you proposing to use a deed? Is there a transfer of ownership of the property to be burdened by the new covenant?  If yes, and the grantor intends the new covenant as a burden on the land transferred, retained for the benefit of the adjoining land the grantor owns, then a deed can work to transfer, subject to the new covenant. But if no transfer, simply record a Declaration imposing the new covenant. Ensure the land holding the benefit is clarified.

If the owner(s) of all of the land to be burdened intend to impose a covenant, and can identify the property that is intended to have the enforcement rights, then

DECLARATION OF COVENANTS

THIS DECLARATION, made on the date hereinafter set forth by OWNERS A, B, C, hereinafter collectively referred to as "Declarants":

RECITALS:

A. The Declarants are the owners of the following described real estate located in _______ County, WA, hereinafter referred to as the Encumbered Property:

B. The Declarants intend to impose these Covenants upon the Encumbered Property for the benefit of three parcels of real property adjoining the Encumbered Property, described upon Exhibits A, B and C, hereinafter referred to as the Benefitted Properties:


Dwight A. Bickel
Real Property Title Advisor
Washington Title Professional
Dwight at DwightBickel.com<mailto:Dwight at DwightBickel.com>
https:/dwightbickel.com
206-484-1976

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 Craig Gourley
Sent: Tuesday, October 25, 2022 2:58 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] recording restrictive covenant

Listmates.  Client wants to record a restrictive covenant against his own property saying that any future owner must elect to be a member of a certain subgroup of the HOA. (Disregard merger) Subgroup has use of certain facilities and is responsible for specific maintenance.   County refuses to record the deed unless the Grantee is " The Public"   I am not seeing " The Public" involved in this.   Thoughts?

Gourley Law Group
Snohomish Escrow
The Exchange Connection
Trustee Services of Washington, Inc
1002 10th St Snohomish, WA 98290
PO Box 1091 Snohomish, WA 98291
360-568-5065   Craig at glgmail.com<mailto:Craig at glgmail.com>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20221025/e1d745f5/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 184959 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20221025/e1d745f5/image001-0001.png>