[WSBARP] overburden side sewer?

[Roger Hawkes]

Thanks, Catherine.

Roger Hawkes, WSBA 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 voice
206 367 4005  fax

From: Catherine Clark [mailto:Cat at loccc.com]
Sent: Tuesday, January 24, 2017 10:42 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] overburden side sewer?

Not overburdening IMO.  Look at Logan v. Brodrick, 29 Wn. App. 796 (1981) ("The law assumes parties to an easement contemplated a normal development under conditions which may be different from those existing at the time of the grant.").

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
2200 Sixth Avenue, Suite 1250
Seattle, WA 98121
Phone:  (206) 838-2528
Direct Dial:  (206) 274-7941
Cell:  (206) 409-8938
Fax: (206) 374-3003
Email:  cat at loccc.com<mailto:cat at loccc.com>

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Roger Hawkes
Sent: Monday, January 23, 2017 12:27 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] overburden side sewer?

Neighbor wants to use existing side sewer for side by side single family residences in Seattle for six new units, i.e. increasing usage from two sfr to seven.  The easement allowing placement of side sewer is silent as to use other than "side sewer"; easement on my client's property requires joint maintenance from joint forward.  Seems to me like an overburden.  Are there cases or statutes that say otherwise?

Roger Hawkes, WSBA 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 voice
206 367 4005  fax

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