[WSBARP] "Gifted" Easement

Wed Oct 26 16:46:36 PDT 2022

No, I don't believe so because the lot is accessible as it is now.

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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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Roger Hawkes
Sent: Wednesday, October 26, 2022 4:35 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] "Gifted" Easement

Does 'way of necessity' apply?

From: wsbarp-bounces at lists.wsbarppt.com
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<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of
samuel at meylerlegal.com <mailto:samuel at meylerlegal.com> 
Sent: Wednesday, October 26, 2022 10:06 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] "Gifted" Easement

B's current home is situated on the "pole" of the lot so the only way to
build another home on the "flag" and have access is through the neighbor's
property.  

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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From: wsbarp-bounces at lists.wsbarppt.com
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<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Mark Anderson
Sent: Wednesday, October 26, 2022 9:47 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] "Gifted" Easement

Am I correct in assuming that the flagpole is not wide enough to serve as an
access road to the back "flag" portion of B's lot?

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
 <mailto:marka at mbaesq.com> marka at mbaesq.com
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From: wsbarp-bounces at lists.wsbarppt.com
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<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of
samuel at meylerlegal.com <mailto:samuel at meylerlegal.com> 
Sent: 10/25/2022 4:41 PM
To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> 
Subject: [WSBARP] "Gifted" Easement

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

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
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