MikeWA: I've not worked in WA, so have no knowledge on WA points. With "overburdening" I think we're into the confusion resulting from using terms from one state for a situation in another state, where the term may not mean quite the same thing. AT THE TIME I QUIT IN CA, AND AT THE TIME I RETIRED IN OR(10+ yrs now) rodgers parcel would be subject to the easement "appurtenant" to the 60 ac parcel (that esmt would be legally limited to the 60ac parcel ONLY)...at that time an esmt appurtenant to one parcel COULD NOT be switched to a third parcel, NOR could the owner of the 60ac legally grant to any third parcel the right to use the 60 ac's easmt over rodgers parcel. WHEN I RETIRED, with the real estate surge, people owning larger parcels wishing to give their children homesites on the old place, or wishing to sell off a few pieces for retirement money, resulting in increased use of the orignal esmt, was becoming a larger and larger problem: mtg lenders wanted a Title Co to insure their esmt, and the Title Co's were spooky about the risk (where would rodger freak: at two families? four? fifteen? using the emst?). AT THAT TIME THERE WERE NO CONTROLLING LEGAL DECISIONS THE TITLE CO'S COULD RELY ON. With all due respect, and the understanding that I'm both out of touch and unfamiliar with WA decisions, I'd still find it very surprising-very-that the 60 ac owner (if in WA)could split his tract into unlimited parcels, without some further agreement with or compensation to rodger, without running the risk of legally sustainable objections from rodger. I'd be more than happy to discuss this further, and be brought up to date on WA decisions on these points; please feel free to email. (All the capitals were to stress that my experience is dated). With sympathy, Bud
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