Litigation

Washington Court of Appeals refuses to enforce a promise to create an easement

By Roger Dunaway

Inadequate documentation of a promise to create an easement defeated a landowner's easement claim  in a case decided yesterday by the Washington Court of Appeals.  In Gold Creek North Limted Partnership, et al. v. Gold Creek Umbrella Association, the real property at issue was once held by a common owner. The owner then sold about half of the property to a developer. The Real Estate Purchase and Sale Agreement had a provision entitled "Seller's easement" which included a promise by the Buyer to grant the Seller an easement when the Seller decided to develop the remaining property. The Seller later sued the Buyer's successor-in-interest for quiet title seeking an "express easement" when the Seller started to develop the property. The Purchase and Sale Agreement did not create an easement, but only described Buyer's promise to grant an easement in the future, according to the court.  The Buyer's successors-in-interest were not on notice of the promise, and, as a result, their land was not subject to the easement.   

Full post as published by Northwest Business Litigation Blog on February 21, 2008 (boomark / email).