[WSBARP] property rights in easement

[Rick Hoss]

Bryce,

First, maybe something in the easement language or history addresses this.

Second, the servient owner can make all use of the servient land that is not
inconsistent with the rights of the dominant owner - Beebe v. Swerda, 58
Wn.App. 375, rev. den. 115 Wn.2d. 1025 (1990). The servient owner owns the
land and trees.

 

RCW 4.24.630 speaks of wrongful conduct causing triple damages for damage to
land that was not authorized. 

RCW 64.12.030 applies to anyone cutting on another's land without lawful
authority.

 

If the dominant owner needed a 15 foot wide road for access but cleared 30
feet wide then the servient owner has a claim.

Net logging proceeds are never the measure of damages to the timber owner.

Rick

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Monday, March 04, 2019 10:49 AM
To: 'wsbarp at lists.wsbarppt.com'
Subject: [WSBARP] property rights in easement

 

Holder of non exclusive easement to construct roads and utilities and
drainfield installs the improvements  within the easement area and in
process hires logger to remove the trees in order to construct easement
facilities and cost of removal is more then value of trees. Now serviant
property owner wants stumpage value of trees removed but logger says cost of
removal was more then value of the trees. What if anything in this scenario
is serviant estate holder entitled your collective wisdom would be
appreciated 

 

Please note my new contact information below

 

Bryce H. Dille | Attorney at Law

Dille Law, PLLC

P: 360-350-0270 | F: 844-210-4503

2010 Caton Way SW, Suite 101

Olympia, Washington 98502

www.dillelaw.com <http://www.dillelaw.com/> 

 

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