[WSBARP] Shot in the Dark

[Rob Wilson-Hoss]

Agreed. The general proposition used to be that it is a 60-foot easement,
and that is that, with limited exceptions. But the general proposition used
to be that if you built a house over the line, you had to tear it down. Not
so much, after Proctor v. Huntington, although that and following cases
don't really give anyone a very good clue about what the result will be in a
particular case. 

 

I don't think you can narrow the easement road down to the minimum necessary
for actual passage through the easement. I have that case now, and that
servient owner will lose that argument. But that is why we are offering  to
agree to something in between - something that works for the dominant owner
just fine, but allows the servient owner a reasonable use of the easement
that does not unreasonably interfere with the servient owner's use. The fact
that the servient owner brings new depth and breadth to the term, "jerk,"
won't hurt our cause 

 

Also, be sure to look very carefully at the language of the easement.
Sometimes they have little kernels in them that can matter. Usually they are
just copies of a form. 

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
 <mailto:rob at hctc.com> rob at hctc.com

 

This message is intended solely for the use of the addressee and may contain
information that is privileged, confidential, and exempt from disclosure
under applicable law.  If you are not the addressee, you are hereby notified
that any use, distribution, or copying of this message is strictly
prohibited.  If you received this message in error, please notify us by
reply e-mail or by telephone (call us collect at the number listed above)
and immediately delete this message and any and all of its attachments.
Thank you.

 

This office does debt collection and this e-mail may be an attempt to
collect a debt, Any information obtained will be used for that purpose.  To
the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692)
applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You have
the right to seek advice of legal counsel.

 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rick Hoss
Sent: Thursday, June 22, 2017 2:48 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Shot in the Dark

 

“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?

 

 



 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170622/f7aca696/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 7458 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20170622/f7aca696/image001.jpg>