[WSBARP] Shot in the Dark

[Rick Hoss]

"In upholding the equitable remedy imposed by the trial court, we recognize
the evolution of property law in Washington away from rigid adherence to an
injunction rule and toward a more reasoned, flexible approach." Proctor v.
Huntington, 169 P.2d. 491 (2010.

 

From: 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
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?

 

 



 

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