[WSBARP] FW: Scope of Easement, Deviation Due to AirBnB/VRBO Use

[Jensen Mauseth]

Has anyone ever dealt with a case of a possible deviation to an easement for ingress/egress that was granted to a single family home where the frequency of the use (i.e. car and foot traffic) expanded considerably due to use of the dominant home as an AirBnB or VRBO?

Basically, potential client has a home that granted an express easement for ingress/egress as well as foot traffic to the beach. Easements were granted in 1969 and early 1970’s. Dominant parcel was recently purchased and owners are now renting property out as a VRBO/AirBnB and the car and foot traffic has increased dramatically with all of the different people renting the home (vis-à-vis a single family using the home with occasional visitors etc…).

I think this situation likely falls within the normal rules and law regarding interpretation of the scope of an easement, but I haven’t seen anything that has addressed this specific issue yet (increased use due to VRBO/AirBnB).

Thanks.
Jensen

Jensen Mauseth
Mauseth Legal, PLLC
Bothell Office
22618 Bothell-Everett Hwy, Ste. D
Bothell, WA 98021
Edmonds Office
144 Railroad Ave., Ste. 308
Edmonds, WA 98020
www.mausethlegal.com<http://www.mausethlegal.com/>
jmauseth at mausethlegal.com<mailto:jmauseth at mausethlegal.com>
(p) 425.242.5111
(f)  425.242.5114

This e-mail contains information that may be confidential and privileged.  Unless you are the addressee (or authorized to receive messages for the addressee), you may not use, copy or disclose this message, or any information contained herein. If you have received this message in error, please advise the sender by reply e-mail and delete this message.  Nothing in this message should be interpreted as a digital or electronic signature that can be used to authenticate a contract or legal document.  Unauthorized use of this information in any manner is prohibited.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200818/1a207787/attachment.html>