[WSBARP] "Gifted" Easement

[Meyler Legal, PLLC]

While non-use will not extinguish an easement, can an easement that has been conveyed for no consideration at all (a gift) be revoked by either the grantor or the grantor’s heirs? 



Samuel M. Meyler
Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, WA 98109
Main: 206-876-7770
Fax: 206-876-7771
Direct: 206-876-7772
Email: samuel at meylerlegal.com

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> On Oct 25, 2022, at 5:31 PM, Douglas Scott <doug at rainieradvocates.com> wrote:
> 
> 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)
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> 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
>> 
>>  
>> 
>>  
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>>  
>> 
>> 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.
>> 
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