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</head><body><p>According to Stoebuck, circa 2001, the answer to whether an easement in gross may be transferred is unknown at this time. But Stoebuck goes on to point out that electric lines, gas lines, water lines, railroad easements, and public rights-of-way are all easements in gross that are transferred whenever a corporation is swallowed by a larger corporation, or a county ROW is annexed into a city.<br></p><blockquote type="cite"><!-- [if gte mso 9]> --><!-- <![endif] --><!-- [if gte mso 9]> --><!-- <![endif] --> On May 5, 2016 at 12:59 PM Richard Holland <rich@pnwle.com> wrote:<br><br><div class="WordSection1"><p class="MsoNormal">Ok, so client wants an easement over a portion of the property he wants to sell. Has an LLC so, in theory, one can grant the easement over that area to the LLC as he wants in done in a separate document prior to sale not a reservation in the deed.</p><p class="MsoNormal"> </p><p class="MsoNormal">The issue is that it is an easement in gross by definition since there will not be an appurtenant property but rather just an area of the land he still wants to access and, essentially, maintain control over. Going back on my ancient memory of property law, easements in gross were personal, non-assignable, etc. Does this change with an LLC? I mean, in theory, an LLC can have perpetual duration and change members etc. Its not completely relevant to what client is trying to do and I do not believe he intends to assign it or leave it in his will in any event but I do wonder if somehow it could make the easement grant fail if that makes any sense. I know of course that Cell Towers and Pipelines all have easements in gross, technically, but am thinking that there must be a specific law/regulation that gets them around the typical pitfalls of an easement in gross. Any easement experts out there have a moment to chat this week?</p><p class="MsoNormal"> </p><p class="MsoNormal"> </p><p class="MsoNormal">Sincerely,</p><p class="MsoNormal"> </p><p class="MsoNormal">Richard Holland</p><p class="MsoNormal"> </p><p class="MsoNormal">Pacific Northwest Legal & Escrow, P.S.</p><p class="MsoNormal">733 7<sup>th</sup> Avenue, Suite 110</p><p class="MsoNormal">Kirkland, WA 98033</p><p class="MsoNormal">425-836-6240</p><p class="MsoNormal"> </p><p class="MsoNormal"> </p></div></blockquote><p><br> </p><blockquote type="cite">_______________________________________________<br>WSBARP mailing list<br>WSBARP@lists.wsbarppt.com<br>http://mailman.fsr.com/mailman/listinfo/wsbarp</blockquote><p><br> </p><p class="io-ox-signature">Scott G. Thomas<br>Law Office of Scott G. Thomas<br>1204 Cleveland Avenue<br>Mount Vernon, WA 98273<br>(360) 503-1042<br>www.scottgthomaslaw.com<br><br>Because this is a communication from a lawyer, it necessarily contains warnings such as this. I am a lawyer, but unless we have entered into an agreement for legal services, I am not your lawyer. And, if this message was intended for someone else but you have inadvertently received it, I ask that you delete the message and let me know you received it so that I can take steps to make sure you do not receive messages in the future. Thank you.</p></body></html>