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

[Kinnon Williams]

Jensen,
It sounds like this is essentially a case of overburdening the easement. I handled a case like this a number of years ago and successfully defeated the claim of overburdening. That case however involved the development of the property, so a bit different, but overall it seems like a touch case to make.

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Kinnon W. Williams
Shareholder
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jensen Mauseth
Sent: Tuesday, August 18, 2020 2:41 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] FW: Scope of Easement, Deviation Due to AirBnB/VRBO Use

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
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Bothell, WA 98021
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