[WSBARP] Ambiguous Easement - Another Try

Mark Anderson marka at mbaesq.com
Fri Jun 9 14:39:25 PDT 2023


I sent this out on Monday but received no responses.  I really could use some input here - thanks.
A new owner of lakefront property discovered that the CCRs for his community contain the following provision:
Easements are reserved as indicated on the survey of [the plat], and as shown by instruments of public record, including but not limited to [2 well-described road and utility easements that are depicted on the survey]... and an easement over a portion of [the owner's lot] of the survey of [the plat] for a community park and lake access.
There is no further description of the easement for the community park and lake access.  And there is no "community park" depicted on the survey of the plat.  At first blush, the ambiguity of the easement area description would seem to bely the very existence of this easement.  At its worst, however, this language could seem to indicate that the entirety of the property owner's lot is subject to the easement rights of the HOA.
Who has encountered this before and what has been your approach?
Thanks in advance.
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)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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