I have a client, that I'm doing a small subdivision (2 lots out of 1) for, and they want to access one of the new parcels through a neighbors property. Nothing was mentioned about this, in the beginning, and I assumed they would access with a pipe stem or easement through the other new parcel.
They have written their own easement and asked for my opinion. It was poorly written; I sent them back several comments, about the major problems, and they sent it back again, but it's not much better. I told them, the first time, that they should consult with an attorney, but I'm pretty sure they didn't, or if they did, the attorney's didn't know what they were doing either.
I would like to help them, but would also like to be compensated.
How would you respond to the second email?
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TIA
Dougie
"The easement as written does not adequately address the issue. Further consultation on this matter will require an additional fee."
"I will fix it for free, but I will need you to include me on the title transfer".
There stare back would be..., great!
N
I'm sorry, but, that is outside the scope of the current project.?ÿ Shall we discuss the process and the fee to prepare the description required that you will need to have put on an easement document acceptable to the Register of Deeds for filing.?ÿ An additional fee is necessary if I am to act as your agent in dealing with the affected adjoiner who will need to agree to and sign that easement document.
You are messing with another party's possibly permanent usage of their property in exchange for a one-time payment.?ÿ Would you agree to this if they were the one's wanting access through your property?
Seems like there are some questions that need answering first.?ÿ Does the adjoiner even know about this proposed easement??ÿ Has a survey been done on the adjoiner parcel so the easement can be accurately written in the first place??ÿ Are they trying to save a buck by doing the easement themselves or do you simply not write easements, or what's the deal with this?
In Washington, anyone, can record anything they want, as long as the font is the minimum size, readable, and the margins are 1"
All documents are recorded with the county Auditor's office, deeds, easements, surveys, plats, everything. As long as it's readable, they don't want the liability. I picked up a deed once, I wish I could find it again, that was a fill in the blank form, like you get at Office Depot. Under Legal Description, they filled in "as described at the Assessor's office". When I went to the Assessor's office, I was told that anyone can record anything they want...
The neighbors are OK with it; it's hard to tell someone it's wrong when they meet the font and margin requirements.?ÿ
I'm leaning towards something like, if you don't do it, the way I tell you to do it, someone down the line is going to suffer. Just maybe not that in your face...
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