[WSBARP] "Gifted" Easement

[samuel at meylerlegal.com]

Listmates,

 

A and B are neighbors.  B's property is a flag shaped lot that wraps around
A's property.  B is thinking about developing the back part of their
property in the future and brings it up to A.  Not sure how much longer A is
going to be living there, A offers to give B an easement over a portion of
A's property so that B has an access road to the back "flag" portion of B's
lot.  B would not be making use of the easement anytime soon because the
plan to develop is more of a ten-year plan.

 

>From my point of view, the proposed easement would be a significant burden
on A's lot and would probably diminish the value of A's property.  A doesn't
seem to care now, but maybe they change their mind when they go to sell in
the future (or the executor of A's estate does?).  

 

What are the implications of "gifting" an easement in this scenario?  Can an
easement that has been conveyed and recorded in the county records be
revoked if no consideration has been given and B has not yet made any
significant use of the easement (no detrimental reliance)?  Any other
creative ideas for addressing this scenario?  Am I missing anything?
Thanks.

 

Sam

 

 

 

Samuel M. Meyler

Meyler Legal, PLLC 

1700 Westlake Ave. N., Ste. 200

Seattle, Washington 98109

Tel:  206.876.7770

Fax:  206.876.7771

Email:   <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

  

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