[WSBARP] Chain of Title Question

[Mark Anderson]

In this case, the USFS lease (as evidenced by the permit) was at all times held by an individual (initially in the name of Husband and now in the name of Beneficiary).  However, the ownership interest in the cabin itself was first held by Husband and Wife, then the Trust and Wife, and then just the Trust.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 209, PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Heather de Vrieze
Sent: Monday, September 21, 2026 1:53 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Chain of Title Question

I was always under the impression that the USFS leases had to be held individually, and while the owner could "assign" the interest to a trust, the USFS would not lease to the Trust.
Heather
Heather S. de Vrieze
(she/her)
Attorney-at-Law
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Mark Anderson
Sent: Monday, September 21, 2026 12:02 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Chain of Title Question

Dear All:
Question summary: Does ownership of real property improvements (and not the real property itself) require an unbroken chain of title?
Background: Husband and Wife owned a cabin located on property leased by the US Forest Service.  The USFS permit was in Husband's name.  Husband died.  Husband's Will provided that all of his Estate was to be transferred into a Revocable Living Trust of which Husband and Wife were the Trustors.  No document was ever recorded that transferred Husband's interest in the cabin into the Trust.
Later, while Wife was still alive, Husband and Wife's Son executed a document that purportedly transferred all of Wife's interest in the cabin to the Trust under a Power of Attorney.  As was the case with Husband, it appears that no document was ever recorded to give effect this transfer.  Wife subsequently died.
Son, as Successor Trustee of the Trust, has executed and is preparing to record a Bill of Sale from the Trust to a Beneficiary of the Trust.  USFS has already issued its permit to the Beneficiary.
Does Son need to any record documents that evidence of transfer of ownership of the cabin from Husband and from Wife into the Trust?  Or would chain of title to the cabin not really be an issue for subsequent owners?
In advance, thanks for your input here.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 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/>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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