Unlock Middle Housing with Parking Reform
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As long as parking is required, smaller, lower-cost homes are still
illegal. |
11 hours ago
* This post is published here under the Creative Commons License. The post was authored by Keith Ganey and originally published to his blog at http://www.walaw.org. Ganey is a 2008 graduate of the University of Washington School of Law.
The mistaken word on the easements appears to be the use of “was” where “is” should have been. Each easement document states “this easement was created as . . . .” By using “was” the document implies that the easement existed before the document instead of being created by the document.
In legal terms, the easement filing failed to establish a “present intent to transfer an interest in land” because the wording referred to a past, not present, event.
All of the easement agreements were made before Ms. Anderberg sold any of her property, but none of the deeds made any mention of the easements. If the deeds had simply mentioned the easements, they might have cured the defective original filings.
Denying the access easements does not strand the current owners of Ms. Anderberg’s property. They retain the right to access their acreage by a state route and in a manner consistent with farm use.Read more...
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