[WSBARP] Termination of easement due to hazards

[Craig Gourley]

Listmates,  I have been asked yet another question that I have not encountered before.   Client has an easement burdening their property.  It serves as ingress and egress for 3 nearby lots to access a river.   Over time the river has eroded the bank to the point that it is now a 20 foot tall unstable cliff from their property to the water.  The benefitted party has constructed a makeshift ladder to climb down the cliff.  The client's  insurance company is less than thrilled and wants the easement " cancelled"   Has anyone ever heard of an easement being terminated or somehow restricted when changing circumstances, beyond the control of the burdened parcel, renders the easement's use dangerous?  Does the burdened parcel have any duty to improve or make safe a way to get to the water, which is the easement's stated purpose?   Thanks in advance for your thoughts.   Craig

Gourley Law Group
Snohomish Escrow
The Exchange Connection

1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.568.8092  fax
Craig at glgmail.com<mailto:Craig at glgmail.com>


Be Aware! Online banking fraud is on the rise. If you receive an email containing Wire transfer instructions call us immediately to verify the information prior to sending any funds!

CONFIDENTIALITY NOTICE: This electronic mail transmission may contain legally privileged, confidential information belonging to the sender. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking any action based on the contents of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please contact sender and delete all copies


-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20190114/343ca048/attachment.html>