[WSBARP] Deed signed in counterpart and other issues

[Britt, Christopher]

I would say that the first two points you are ok on.

With regard to the first:  Because of the warranties - both implied and
explicit - there is nothing retained by the couple to pass via
survivorship.  To that end, they have transferred their interest except for
their survivorship interest which is moot because they no longer have the
equity or possessory interest in the land.

With regard to the second:  Deeds signed in counterpart could be looked at
as individuals signing different deeds but it would have the same effect.
They are perfectly allowed to divest themselves individually.

The last point gives me pause, however.  I would want to see some document
referencing this easement.  Further, I would examine this more if it is
troublesome to the client and get something in writing.

Christopher G. Britt, M.A., J.D.

Attorney at Law

1403 S. Grand Blvd., Suite 201-S

Spokane, WA 99203-2278


P: 509.455.3713
D: 509.316.2131
F: +1.509.455.3718 (must dial 1 before area code)

E: *christopher at lucentlaw.com <christopher at lucentlaw.com>*

Web: www.lucentlaw.com


On Fri, Jan 13, 2023 at 8:37 AM TJW <tjw at w3net.net> wrote:

> 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
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>
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