[WSBARP] Shot in the Dark

[K. Garl Long]

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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