[WSBARP] Novice easement question

[Paul Neumiller]

OK, I'll give this a stab.  See imbedded answers below:

 



 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jon M. Fritzler
Sent: Tuesday, May 5, 2015 4:43 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Novice easement question

 

I'm looking at a Short Plat that shows a "Private Road and Utility Easement
and Sanitary Sewer Easement to Hazel Dell Sewer District". It also provides
that "All Road Easements Shown are Non-Exclusive Private Road Easements for
Ingress Egress and Utilities".  What does the "Non-Exclusive" language mean
in this context?  <<< The District does not have exclusive right to use the
easement area. The owner of the servient tenement has the right and power to
grant an easement over the same are to another person.  >>>The private road
runs along the side of lots 1 and 2 and also provides access to lot 3 but
does not encroach onto lot 3.  Does the owner of lot 3 have the legal right
to use the private road? <<<Very complicated to answer here.  You have not
given us enough information to determine if Lot 3 was intended by the
parties to be benefitted by the easement. By itself, there is nothing in the
fact that the District has a non-exclusive easement that gives an easement
to Lot 3.  If all of the lots are shown on the same short plat, there is an
argument that says that if the easement is shown on the Short Plat, that is
sufficient to establish an easement in favor of Lot 3 without having to
require a separate grant of easement.>>>  How about an adjacent property
owner who wants to use it to access his backyard? <<<<<Depends on your
examination of the short plat and the specific facts of the matter.>>>Or can
only the servient tenement owners use it?  <<not sure you meant to say
"servient owners' here.  The dominant tenement owners have the right to use
an easement and the servient tenement owners have a right to use the
easement as long as they do not unreasonably interfere with the dominant
tenement users.>>>

 

Sincerely,

Jon M. Fritzler

Attorney at Law

PO Box 61451

Vancouver, WA 98666

Tel. 360.818.4431

Eml  <mailto:fritzlerlaw at outlook.com> fritzlerlaw at outlook.com

 

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