[WSBARP] Logging trees in easement

[Bickel, Dwight]

It seems to me that the servient owner would not have a duty to clear trees to make the land more suitable for an exclusive easement user, unless the agreement imposes that duty on the servient owner, at all, or partially. Owner: you have an easement right; go for it! Note that a non-exclusive easement imposes duties upon both servient owner and easement user to share costs according to their use. Again, unless the agreement provides differently.

Though I agree that the tree value should have been paid to the servient owner. Again, unless the agreement provided differently. I have recollection without citations of authority that the party cutting trees as needed for an easement is entitled to reimbursement of the costs from the value of the trees before the servient owner.


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