Pioneer Sand & Gravel Co. v. Seattle Construction & Dry Dock Co.

Citations

• 102 Wash. 608
• 173 P. 508
• 1918 Wash. LEXIS 985

Syllabus

<p>Deeds—Gbant oe Easement—After-Acquired Title — Statutes. A duly acknowledged contract between parties in possession of tide lands with preference right to purchase, granting easement for a waterway, is a deed, within Rem. Code, § 8765, providing that, where any person shall convey by deed any lands without having title, his after-acquired title shall inure to the benefit of the grantee, and thereafter run with the land; and the omission of the word “heirs” is immaterial, under Id., § 8753, dispensing with all such terms in conveyances.</p> <p>Navigable Waters-—Contracts—Waterways. An agreement between adjoining owners of tide lands for a waterway, “each party to keep open, maintain and use” its half, is the grant of a cross-easement of a positive and negative character, the word “use” being •intended to require each party to dock its vessels upon its own side, rather than to forbid its use of the whole waterway for passage.</p> <p>Easements—Appurtenances. Easements in gross are not favored, the strong presumption being that they are appurtenant.</p> <p>Covenants—Running with Land—-Easements — Enforcement — Equity. A contract granting an easement in a strip of tide lands to be kept open as a waterway for the passage of water craft is a covenant running with the land, or at least one that will be enforced in equity against parties with notice.</p> <p>Vendor and Purchaser—Constructive Notice—Record—Chain of Title. Constructive notice of a contract creating an easement in tide lands for a passageway for water craft is given by recording the contract, after the parties’ title thereto had become vested by their applications to purchase under their preference rights, they then being in possession.</p>