[WSBARP] "Gifted" Easement

[Douglas Scott]

An easement cannot be extinguished or abandoned by none use.  Thompson v
Smith 59 Wn.2d 397 (1962)
*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)



www.rainieradvocates.com


Notice: This communication, including attachments, may contain information
that is confidential and protected by the attorney/client or other
privileges. It constitutes non-public information intended to be conveyed
only to the designated recipient(s). If the reader or recipient of this
communication is not the intended recipient, an employee or agent of the
intended recipient who is responsible for delivering it to the intended
recipient, or you believe that you have received this communication in
error, please notify the sender immediately by return e-mail and promptly
delete this e-mail, including attachments without reading or saving them in
any manner. The unauthorized use, dissemination, distribution, or
reproduction of this e-mail, including attachments, is prohibited and may
be unlawful. Receipt by anyone other than the intended recipient(s) is not
a waiver of any attorney/client or other privilege


On Tue, Oct 25, 2022 at 4:48 PM <samuel at meylerlegal.com> wrote:

> 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:*  samuel at meylerlegal.com
>
>
>
> *NOTICE:*
>
>
>
> This electronic message contains information which may be Confidential or
> Privileged and constitutes an electronic communication within the meaning
> of the Electronic Communications Privacy Act 18 USC 2510. The information
> is intended to be for the use of the individual or entity named above.  If
> you are not the intended recipient, please be aware that any disclosure,
> copying, distribution or use of the contents of this information is
> prohibited.  If you received this transmission in error, please notify the
> sender and delete the copy you received together with any attachments.
> Thank you.
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not
> restricted to practicing attorneys and may include non-practicing
> attorneys, law students, professionals working in related fields, and
> others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20221025/ae8e187e/attachment.html>