Legal Question in Real Estate Law in Washington
Easement Rights for Wet Land Use Recovery
A business associate has proposed a deal whereby I give him an easement of two acre of my property so that he can turn them into wetlands in order to satisfy a city ordnance on some property other than my own, where he is building a facility on.
His proposal is: I give him easement rights to two acres; he plants trees and retains the easement right for 10yrs. I retain ownership of the property. He is doing this because some property he bought was to be cited by the city after the original owner cleared some trees off the property, which were wetlands. In order to build on his site, he must restore at least 2 acres to wetlands. He wishes to do so on my property. What are the down sides and up sides to this kind of land use arrangement? If I sell how will this affect me? will it lower my property value? Any help is greatly appreciated.
1 Answer from Attorneys
Re: Easement Rights for Wet Land Use Recovery
You should be very careful when enetering into easements and dealing with wetlands. Once an area has been deemed a sensitive area, it is likely that the local set back requirements may make some (or all) of your parcel unbuildable. If this happens, your property value will likely plummet. This is a general comment and varies from jurisdiction to jurisdiction. If you would like a complete analysis, please do not hesitate to contact me.
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