[WSBARP] "Gifted" Easement

Wed Oct 26 09:28:02 PDT 2022

No the easement was completed upon recording which is tantanmont to delivery no more then you could get back property you quit claimed and recorded deed then before possession asked for it back. If I remember mylaw school training ( which is problematical after 56 years) a gift is effective on delivery and doesn’t require consideration so why shouldn’t this hold true for recorded easement.

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

[R_Alan_Swanson-WH-200]
** Please note that I use the dictation feature of my iPhone and that sometimes everything I say does not get properly translated**

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kelby Derenick
Sent: Tuesday, October 25, 2022 7:46 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] "Gifted" Easement

Interesting question.  If a future owner of parcel A files a lawsuit for termination of an easement based on no consideration in the initial grant - then good luck trying to win that case.  I think that would be hard to prove.  Consideration can be present in other forms rather than money if a benefit/detriment can be shown....especially if the template language of "and other good and valuable consideration" is used in the easement grant.

If someone knows a case please email it to the list.  It would be one of only a few ways to terminate easements.

Kelby J. Derenick
Attorney

10018 Greenwood Ave. N
Seattle, WA 98133
Ph. (206) 659-5061

14 E. Main Street, Suite 207
Walla Walla, WA 99362
Ph: (509) 676-9805

CONFIDENTIALITY NOTICE:  This electronic mail message contains information that (a) is or may be legally privileged, confidential, proprietary in nature, or otherwise protected by law from disclosure, and (b) is intended only for the use of the Addressee(s) named herein. If you are not the intended recipient, an addressee, or the person responsible for delivering this to an addressee, you are hereby notified that reading, using, copying, or distributing any part of this message is strictly prohibited. If you have received this electronic mail message in error, please contact me immediately and take the steps necessary to delete the message completely from your computer system.  Thank you.

On Tue, Oct 25, 2022 at 6:59 PM Meyler Legal, PLLC <samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>> wrote:
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<mailto: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.

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

www.rainieradvocates.com<http://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<mailto: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<mailto: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<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
***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<mailto:WSBARP at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbarp
***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<mailto: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/20221026/d9e18a67/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 8651 bytes
Desc: image001.png
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20221026/d9e18a67/image001.png>