[WSBAPT] Abuse of US Forest Service Easement

[Matt Yates]

PC has land in rural SW Washington that has an easement over it to allow access to Forest Service Land.  Forest Service land has part of Pacific Coast Trail on it so Forest Service has contracted the PC Trail Association to maintain the trail.  PC obviously knew about easement and does not necessarily have a problem with access but, according to her, PCTA volunteers/workers are not respectful of easement and often divert from it on to PC's real property rather than proceeding on to Forest Service property.  PC says everything is clearly marked but I am sure that that is subjective.  Forest Service has been dismissive when they have been responsive.  Forest Service wants to take no ownership of its agents acting inconsistent with Forest Service's easement obligations.  PC seems to acknowledge that Forest Service can grant access to its agents but PC remains concerned about liability that may arise (I have tried to reassure her that liability from easement beneficiary's use is limited absent her intentional interference or negligence of burdened easement holder's duties) and she expects Forest Service to regulate the use.

Anyone dealt with something like this before?  I'm not concerned about re-establishing contact with Forest Service and discussing.  I'm much more concerned with how to manage PC's expectations about what a real result may be.

Matthew D. Yates
Attorney at Law
Yates Marshall, PLLC
10000 NE 7th Avenue, Suite 200
Vancouver, WA 98685
Phone: (360) 449-6100
Fax: (360) 449-6111
matt at yatesmarshall.com<mailto:matt at yatesmarshall.com> (New Email Address)
www.yatesmarshall.com

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