[WSBARP] Termination of easement due to hazards

[nestor at pplsweb.com]

What does the grant of easement state? Does it allow improvements by the
Dominant Estate Holder? 

 

 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

 

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Craig Gourley
Sent: Monday, January 14, 2019 3:06 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Termination of easement due to hazards

 

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> 

 

 

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