A Practical Tour of Washington Easements
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Easements are critical aspects of real estate use and ownership that are frequently disputed.
Real estate law underlies many professional practice areas and is one of the most complicated legal areas due to its long history of common law development. Easements are critical aspects of real estate use and ownership that are frequently disputed. Knowing how to handle these problems, define the issues, and identify practical, real-world solutions is a skill needed by every attorney, architect, planner, engineer, contractor, and real estate professional. This topic will give you an incisive look at key easement principles and case study examples of how they were applied to obtain successful results.
AuthorsRobert Klein, Short Cressman & Burgess PLLC Scott M. Missall, Short Cressman & Burgess PLLC
Developing a Plan: What Do You Need to Know to Create and Structure an Easement?
• What Land Use Does Your Client Wish to Obtain or Grant?
• Essential Homework: Maps, Surveys, Satellite Photographs, Title Reports, Inspections and Governmental Restrictions and Entitlements
• Land Owner Motivation: Why Will You or Your Neighbor Agree? Money? Swap? Development Requirement?
• Term Sheet
• Commission a Survey
• Title Insurance
Legal Elements/Essential Clauses
• Statute of Frauds: An Easement Is a Conveyance of Real Estate Rights
• Legal Descriptions of Dominant and Servient Estates
• Duration and Types of Uses: Easements in Gross, Licenses, Perpetual Easements
• Notary Acknowledgements
• Recording and Notice
Suggested Additional Provisions: Documenting the Parties' Intentions
• Maintenance and Repair
• Use Restrictions and Blockage Limitations
• Merger and Extinguishment
• Joinder of Senior Mortgage/DOT Holders
• Relocation Rights
• Attorney's Fees
• Alternate Dispute Resolution
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