[WSBARP] Duty to restore easement area

[Craig Blackmon]

'Mates, opposing counsel and I are having a friendly dispute about the
existence of a duty, if any, to restore an easement area, where disturbance
is required for its use. Assume the easement itself makes no mention of
such a duty. Does it exist?

For example, a simple side sewer easement makes no mention of a duty to
restore. The benefitted estate disturbs the area in making a necessary
repair, and refuses to restore. Does the burdened estate have a remedy?

Thoughts? Cites? The group wisdom is as always humbly appreciated.

Craig
Craig Blackmon, Attorney at Law
Seattle Real Estate Lawyer <http://www.seattlepropertylawyer.com/>
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