[WSBARP] speed bumps

[Bryce Dille]

They don't my client thinks it is a spite thing I would hve to think servient estate has to show reason for installing speed bumps i.e. is there fast driving on driveway

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Robert R. Cole
Sent: Tuesday, August 25, 2020 4:41 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] speed bumps


Also could depend upon whether the servient estate has to drive over them also.

Very Truly Yours,
Robert R. Cole
Law Office of Cole & Gilday, P.C.

10101 - 270th St. NW
Stanwood, WA 98292
(360) 629-2900 (Telephone)
(360) 629-0220 (Fax)

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On 8/25/2020 4:26 PM, Eric Nelsen wrote:
Totally depends on circumstances and the exact language of the easement. This kind of situation is a full-employment act for lawyers. The case law is all easement-construal and facts-and-circumstances.

If the easement is just "ingress and egress" and non-exclusive then it really gets to facts and circumstances, and determining if speed bumps "unreasonably interfere" with the dominant estate's use. Lots of arguments about how high, how steep, how many, placed where, gravel or concrete or asphalt...

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
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Seattle WA 98144-3909
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eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com><mailto:wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
Sent: Tuesday, August 25, 2020 4:12 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com><mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] speed bumps

Can owner of servient estate install speed bumps on driveway easement assuming they satisfy any applicable codes.

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

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