[WSBARP] Shot in the Dark

[Steve Tubbs]

Hold a neighborhood bbq and invite everyone; be sure to personally hand the invite to Mr. Butthead.  Get some allies, and then, at the festivities, ask him, ‘why do this?  If you’d like a piece of paper that acknowledges the easement, we’ll be glad to give it to you.  But there’s no reason to drive on the grass or tear out the hedge, just to prove a point!  We all own the easement; let’s share it!’


> On Jul 11, 2017, at 3:42 PM, Catherine Clark <Cat at loccc.com> wrote:
> 
> Well, I’m not entirely sure that City dwellers behave any differently. 
>  
> 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>
>  
> NOTICE: The information contained in this electronic information transmission is confidential. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is prohibited.  If you received this communication in error, please immediately notify the sender by telephone at (206) 838-2528. Thank you.
>  
> From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>] On Behalf Of Tim Knowling
> Sent: Thursday, June 22, 2017 2:52 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com>>
> Subject: Re: [WSBARP] Shot in the Dark
>  
> None of my suggestions should be acted on either.
>  
> Tim Knowling
> LAW OFFICES OF TIMOTHY J. KNOWLING
> 1833 N 105th  Street      Suite 101
> Seattle, WA  98133
> O: 206-282-5630
> F: 206-281-9032
>  
> From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>] On Behalf Of Craig Gourley
> Sent: Thursday, June 22, 2017 2:35 PM
> To: WSBA Real Property Listserv
> Subject: Re: [WSBARP] Shot in the Dark
>  
> Several suggestions, none of which are legal. 
>  
> Gourley Law Group
> Snohomish Escrow
> The Exchange Connection
>  
> 1002 10th Street / PO Box 1091
> Snohomish, WA 98291
>  
> 360.568.5065
> 360.568.8092  fax
> Craig at glgmail.com <mailto:Craig at glgmail.com>
>  
> From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>] On Behalf Of Paul Neumiller
> Sent: Thursday, June 22, 2017 2:33 PM
> To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Shot in the Dark
>  
> As is typical in a rural county, written easement calls for 60 foot access easement but the actual crushed aggregate road is about thirty feet wide.  Client has a plant hedge about 25 feet from actual road with a mowed lawn abutting the actual road (that is, the lawn is in between the hedge and the actual road.  Now, dominant easement holder is driving on client’s lawn by about three feet (but still part of the easement) and is threatening to “tear out” the hedge “because I have a right to and you can’t stop me.”  In fact, there are about 10 servient tenements he is doing this to.  He is a retired Department of Transportation employee so he says he knows his rights and the law.  Unfortunately,  Littlefair vs. Schulze, 169 WnApp. 659 (Div. 2, 2012), says, basically, he (dominant tenement) can do this.  
>  
> Are there any cases or anything out there that says enough is enough, the road is already a flat, unobstructed, straight 30 feet wide road.  You don’t need any more so stop bullying your neighbors just because you may have the right?  All parcels are at least 2.5 acres.  Any ideas other than going to the guy, hat in hand, and asking for mercy?
>  
>  
> <image001.jpg> <>
>  
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