Zunino v. Rajewski

140 Wash. App. 215
Court of Appeals of Washington·Decided August 21, 2007·No. No. 25087-3-III·Published·Cited by 31 cases

Opinion

¶1

Kulik, J.

This case addresses the fundamental issue of what is necessary to create an easement. We hold that the documents here designated as “private road and utility easements” simply do not create easements because they lack the required statement of intent to transfer property. We affirm the trial court.

FACTS

¶2 Gayle Anderberg sold two parcels of property to Virgil and Julie Zabinski and three parcels to Donald Zunino. The deeds for these parcels did not create easements; but for [217]*217each sale, Ms. Anderberg recorded a “private road and utility easement” document so that she could obtain a certificate from Spokane County (County) exempting the property from formal platting requirements. Clerk’s Papers (CP) at 343. Ms. Anderberg believed that these documents created easements over the Zabinski and the Zunino properties.

¶3 When David and Teresa Rajewski purchased several parcels of the Anderberg property, the final sale was contingent upon the Rajewskis’ ability to segregate the parcels into 10-acre parcels. Concerned about new growth, the Zabinskis and Mr. Zunino filed this action seeking to quiet title against the Rajewskis’ claim of easements. The trial court concluded that the private road and utility easement documents did not create valid easements. The Rajewskis appeal.

¶4 File No. 9505020168. In 1995, Ms. Anderberg discussed the possible subdivision of her land with a friend who worked at the Spokane County Department of Building and Planning. Ms. Anderberg signed and recorded an easement and maintenance agreement under Spokane County Auditor’s No. 9505020168.

¶5 In April or May 1997, Ms. Anderberg-Jones (Anderberg) listed the entire property for sale with a real estate agent, Lon Boothby, and the property was put on the market.

f 6 Zabinski Purchase. In September 1997, Ms. Anderberg entered into a purchase and sale agreement with Virgil and Julie Zabinski. The documents indicate that the Zabinskis would agree to easements across the property and that the Zabinskis would install a road across the property to provide access to Ms. Anderberg and to her property.

¶7 Prior to closing, Mr. Boothby applied to the County for a certificate of exemption. To obtain these, he had to le a private road and utility easement. Mr. Boothby prepared a private road and utility easement document that was recorded as file no. 4156896. Only Ms. Anderberg signed the easement document. At that time, Ms. Ander[218]*218berg was the sole owner of all of the property described in the easement. The deed contained several encumbrances which the conveyance was “subject to.” CP at 344. But Ms. Anderberg neither granted nor reserved an easement in the deed.

¶8 Later, but prior to closing, Mr. Boothby made substantial changes to file no. 4156896 and rerecorded it under file no. 4157940. Ms. Anderberg initialed the changes.

¶9 In November 1997, Ms. Anderberg executed a statutory warranty deed to the Zabinskis. Ms. Anderberg neither granted nor reserved an easement in the deed. The deed contained several encumbrances which the conveyance was “subject to.” CP at 344. In 1999, Mr. Boothby prepared twoadditional private road and utility easement documents. One was recorded under file no. 4392328. A portion of the property — referred to in the document as “for the benefit of” Ms. Anderberg — had previously deeded to the Zabinskis. CP at 345.

¶10 The second private road and utility easement document was recorded under file no. 4392329. The description in this document crosses property that had previously been sold to the Zabinskis by Ms. Anderberg.

¶11 Zunino Purchase. In August 1999, Ms. Anderberg sold property by warranty deed to Michael and Tami Newman. In this deed, Ms. Anderberg did not reserve or grant an easement for ingress or egress. The deed contained several items the property was “subject to.” CP at 346.

¶12 In 2000, Donald Zunino entered into a purchase and sales agreement with the Newmans. The property was conveyed by a statutory warranty deed. A nonexclusive easement for ingress and egress was created by file no. 4392328 and file no. 4392329 in Spokane County. The deed recited several encumbrances which Mr. Zunino took “subject to.” CP at 349-50.

¶13 In 2001, Ms. Anderberg conveyed the property to Mr. Zunino by statutory warranty deed. The deed contained several encumbrances which Mr. Zunino took title “subject [219]*219to.” CP at 350. At the time of Mr. Zunino’s purchase, there were two physical access routes on the parcel.

¶14 Rajewski Purchases. In November 1999, David and Teresa Rajewski entered into a purchase and sale agreement for a substantial portion of the Anderberg property. The property was conveyed one month later by statutory warranty deed. No easements for ingress and egress were prepared, executed, or granted.

¶15 In February 2000, Ms. Anderberg conveyed another piece of property to the Rajewskis by statutory warranty deed. The deed did not reserve or grant an easement.

¶16 In 2003, Ms. Anderberg and the Rajewskis entered into a purchase and sale agreement for another piece of property. The sale was contingent on Ms. Anderberg granting the Rajewskis an unlimited easement for utilities. The sale was also contingent on the Rajewskis being able to segregate the property into 10-acre parcels. However, no one sought or obtained the County’s approval or confirmation that the Rajewskis would be able to segregate the property into 10-acre parcels. In the deed, Ms. Anderberg neither reserved nor granted any easement for ingress and egress. No easements for ingress and egress were prepared, executed, delivered, or recorded in the deed. A private road and utilities easement document was recorded under file no. 4935724.

¶17 With this purchase, the Rajewskis gained legal access to the entirety of their property, based on their limited access to State Route 195, for those uses necessary for the normal operation of a farm.

¶18 Procedural History. Mr. Zunino and the Zabinskis filed an action seeking to quiet title against the Rajewskis’ claim of easements. The Zabinskis also requested compensation for damage to their property and property values. The trial court prepared extensive findings and conclusions. The court concluded that no easements for ingress or egress were granted and ordered the Rajewskis to pay damages. The court also granted an injunction barring the Rajewskis from the Zabinskis’ and Zunino’s properties.

[220]*220¶19 The Rajewskis appeal. At issue is the effect of five private road and utility easement documents: file no. 9505020168, file no. 4156896, file no. 4157940, file no. 4392328, and file no. 4392329.

ANALYSIS

¶20 Standard of Review. This court reviews a trial court’s decision following a bench trial to determine whether the findings of fact are supported by substantial evidence and whether those findings support the court’s conclusions of law. Dorsey v. King County, 51 Wn. App. 664, 668-69, 754 P.2d 1255 (1988). Unchallenged findings of facts are verities on appeal. Davis v. Dep’t of Labor & Indus., 94 Wn.2d 119, 123, 615 P.2d 1279 (1980). We review conclusions of law de novo.

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Zunino v. Rajewski, 140 Wash. App. 215 (Wash. Ct. App. 2007).

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