[WSBARP] Easement Restoration

[John M. Riley III]

There might be some dicta in the Sunnyside Valley case.

John Riley



John M. Riley, III
Principal | Witherspoon • Kelley
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Samuel M. Meyler
Sent: Wednesday, December 02, 2015 8:42 AM
To: wsbarp at lists.wsbarppt.com; wsbapt at lists.wsbarppt.com
Subject: [WSBARP] Easement Restoration

Listmates,

Property owner has an easement dedicated to the public for utility purposes running on their property. Dedication was in the plat. The plat says nothing regarding restoration of the easement area. There has been a sewer line running through the easement for 50+ years. Easement area has always remained grassed and natural.

Due to development nearby, sewer line had to be replaced. Rather than restoring the easement area to its previous condition (grass/natural) developer turned it into a gravel road and claims that this is necessary for maintenance purposes.

I have found plenty of cases relating to restoration of an easement area when that language is in the conveyance itself, but nothing on a duty to restore when the easement dedication is silent on the issue.

Any thoughts or authority would be greatly appreciated.

Samuel M. Meyler
Attorney at Law
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Fax: 425.881.1457<tel:425.881.1457>
Email:  samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>

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