[WSBARP] Termination of easement due to hazards

[NC]

Riparian extinguishment of an easement is treated in cases from the east
coast. Washington does not appear to allow relocation by one party without
agreement of the other party.

MACMEEKIN v. LIHI 45 P.3d 570 (2002) Although our Supreme Court has never
directly addressed the issue of court-ordered relocation of easements, and
we can only be guided by its pronouncements of dicta, the dictum contains
every indication that Washington adheres to the traditional rule that
easements, however created, are property rights, and as such are not
subject to relocation absent the consent of both parties.


On Mon, Jan 14, 2019 at 6:36 PM <nestor at pplsweb.com> wrote:

> 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*
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> Snohomish, WA 98291
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> 360.568.8092  fax
>
> *Craig at glgmail.com <Craig at glgmail.com>*
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