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

[Kary Krismer]

There was a reported case about 5-10 years ago where the dominant 
property was going to be subdivided, and as I recall the court held the 
easement wouldn't support the increased use.    Sorry I don't know the 
cite, and you probably have better tools than I do in any event.

Kary L. Krismer
John L. Scott, Inc.
206 723-2148

On 8/18/2020 2:40 PM, Jensen Mauseth wrote:
>
> 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.
>
>
> ***Disclaimer: Please note that RPPT listserv participation is not restricted to practicing attorneys and may include non-practicing attorneys, law students, professionals working in related fields, and others.***
>
> _______________________________________________
> WSBARP mailing list
> WSBARP at lists.wsbarppt.com
> http://mailman.fsr.com/mailman/listinfo/wsbarp
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200818/444725ce/attachment.html>