[WSBARP] Shot in the Dark
K. Garl Long
Garl at longlaw.biz
Thu Jun 22 14:51:04 PDT 2017
Had one of these a few years ago. Client had put rocks along the lawn
edge. It was a separate lot on the plat. Malefactor kept moving them so
he could drive on the lawn. Got an order protecting the rocks!
K. Garl Long
On 06/22/2017 02:32 PM, Paul Neumiller wrote:
>
> 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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