[WSBARP] property rights in easement

[Bryce Dille]

In this case only the areas to be used for easement purposes had the trees removed from them. The property owner should receive  stumpage value of trees cut. As an option couldn't the  owner of dominant estate cut the trees and just left them in piles off the easement for owner to  sell or otherwise dispose of?

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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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rick Hoss
Sent: Monday, March 4, 2019 11:12 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] property rights in easement

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> [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/>

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management
Business, Government and Tax Law
Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures





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