Results 1 to 3 of 3

Threaded View

  1. #1
    Join Date
    Jun 2007
    Posts
    5

    Default Easement On Survey Map, But Not Formally Recorded

    DATA and BACKGROUND

    1. I am in the State of Washington and I recently purchased property that was shown to have an 60' easement on it for ingress/egrees/utilities. This easement is shown on a survey map adjusting the boundary lines of the lots that were sold.

    2. The lots are 20 acre lots and the land was subdivided, but had an exclusion from the county so they didn't do a long plat because the zoning was already 20 acres in that area.

    3. The original developer went bankrupt. The survey map that shows the easement states that the easement will be recorded prior to the sale of any of the lots. However, the easement was never recorded. I've been searching for it and can't find it and neither can the title company.

    4. There is no mention of road maintenance in the easement on the survey map.

    QUESTIONS

    1. In order to correct this problem, I'm assuming that we will need easements drawn up for all the individual properties that are affected by this easement. These will need to be signed, notarized and recorded. Road maintenance should be added to the easement. The road is going to need work.

    2. Should this maintenance right be given to all the individuals or to an association. (which raises the next question)

    3. The original developer drafted some CCR's and Road Maintenance Agreement, however, these were never signed and recorded. The draft copies have signature lines for all the 23 lots, but no signatures. In order to create CCR's and Road Maintenance associations or agreements now, don't we need to get the signatures of ALL of the property owners?

    4. What is the difference and benefits/drawbacks to an association versus an agreement?

    5. We have found that we have a truly insane and unreasonable neighbor and do not wish to ever enter into any association where he can meddle with the group and create issues. Is it possible to allow for maintenance in the "new" easement documents that would be by all the individuals as individuals and not have an association, but rather only create one-time agreements that have a defined scope and timeline. For instance, to repair the road in specific places, grade and gravel and then plow snow for only 1 winter. The next year, create another agreement to do whatever else is needed.

    6. Finances - There is no way that I would give any money into an account with that crazy neighbor's name on it - or even some of the other people out there. Isn't it possible to set up an escrow with an attorney who would receive the monies and then pay the bills per whatever agreement we created - thereby not allowing anyone of the group access to the monies.

    Thanks again for all your collective knowledge and help.

    Madducks

    1. Sponsored Links
       

Similar Threads

  1. Telephone Line on Property - No Recorded Easement
    By rng in forum Real Estate Ownership and Title
    Replies: 6
    Last Post: 07-02-2011, 05:27 PM
  2. Drainage Across Property by Developer Without Recorded Easement
    By ARflatlander in forum Real Estate Ownership and Title
    Replies: 9
    Last Post: 06-23-2010, 10:52 AM
  3. Utility Easement Never Recorded, is It Still Active
    By Mississippimade in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 08-31-2009, 10:04 PM
  4. Can I Block Road if There is No Recorded Easement
    By lyndadel in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 02-01-2009, 07:42 PM
  5. Non Exclusive Recorded Easement Rights
    By brutus911 in forum Real Estate Ownership and Title
    Replies: 6
    Last Post: 11-17-2008, 09:40 PM
 
 
Sponsored Links

Legal Help, Information and Resources