[WSBARP] Deed signed in counterpart and other issues

[TJW]

Good morning list mates,

I have 3 primary questions regarding one transaction:

1. Property deeded to A and B as H&W. A and B later sell to C and D by SWD
as tenants in common. No recorded Deed from A and B as H&W to A and B as
TIC. Does that make the deed from A and B as TIC to C and D ineffective or
does it even matter?

2. When A and B sign SWD to C and D, it is signed in counterparts, not as
one document with both signatures. Is a SWD signed in counterparts an
effective deed? 

3. Legal description from A and B to C and D also includes an easement for
ingress, egress and utilities over the property being transferred, but does
not identify who has the benefit of the easement. There are 11 households
that are currently using the easement for access but none of them are
identified as the beneficiary of the easement and there is no easement
document or roadway agreement. Can there be an legally effective and binding
easement for the 11 households without each parcel being identified? To make
matters worse, the title company wants to change the prelude to the legal
description of the easement as "a nonexclusive easement"; that language is
not in any of the prior deeds in the chain of title. Does the title company
get to change the description sua sponte?

Am I over thinking? The title company does not seem to care.

Sincerely,

Tom
 
Thomas J. Westbrook
Attorney at Law
 
 
324 West Bay Drive NW, Suite 201
Olympia, WA 98502
(360) 866-4000 phone
(360) 866--3832 fax
www.buddbaylaw.com <http://www.buddbaylaw.com/> 

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