[WSBARP] Duty to restore easement area - 2nd Call

[Craig Blackmon]

Ah, I'll give it one more shot. I'd rather be lucky than good (at legal
research). But if not, Monday I will be off to the law library.

To recap: Does an easement impose a duty to restore the area if disturbance
is required or its use, where it does not say so expressly?

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

I just can't believe this has never come up. Thanks, and enjoy the weekend,
all!!

Craig
Craig Blackmon, Attorney at Law
Seattle Real Estate Lawyer <http://www.seattlepropertylawyer.com/>
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On Thu, Sep 20, 2018 at 3:26 PM Craig Blackmon <
craig at lawofficeofcraigblackmon.com> wrote:

> '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/>
> 92 Lenora St. (The Makers Space, a shared work environment)
> Seattle WA 98121
> Office/Cell: (206) 369-5949   Fax: (206) 770-7328
> @LawyerBroker <https://twitter.com/LawyerBroker>
> How to Buy Without an Agent
> <http://www.seattlepropertylawyer.com/blog?category=Buy+without+an+Agent>
>  | How to Sell FSBO
> <http://www.seattlepropertylawyer.com/blog?category=Sell+FSBO> | RE
> Glossary
> <http://www.seattlepropertylawyer.com/blog?category=Real+Estate+Glossary>
> CONFIDENTIALITY NOTICE: This communication is a private, confidential
> electronic communication encompassed by 18 USC 2510. It is for the sole use
> of the intended recipient and receipt by anyone other than the intended
> recipient does not constitute a loss of its confidential or privileged
> nature.  Any review or distribution by others is strictly prohibited. If
> you are not the intended recipient please inform the sender and destroy all
> copies.
>
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