[WSBARP] FW: Scope of Easement, Deviation Due to AirBnB/VRBO Use
Kary Krismer
Krismer at comcast.net
Tue Aug 18 14:49:45 PDT 2020
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
>
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