[WSBARP] Cause of action and measure of damages for intentional interference with pipe easement

Mon May 11 14:00:55 PDT 2020

Thanks Greg and Michael—I can see I was probably looking too hard for some tort action beyond simple "interference with an easement." Though I think private nuisance also would apply.

On the damages issue--Is it reasonable to measure damages by the cost incurred to relocate the pipe so that the easement itself is no longer used? I am concerned that might be seen as acquiescence in the interference, and a waiver of damages; or perhaps damages are limited to what would have been cost to repair in the original easement, rather than re-locate.

I could imagine a situation where it would cost $1,000 to repair but $10,000 to relocate (though for my client I think the amounts will be much more similar). If plaintiff elects to just give up on the easement and relocate the pipe, can plaintiff really stick the defendant with that cost?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Gregory L. Ursich
Sent: Monday, May 11, 2020 1:26 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Cause of action and measure of damages for intentional interference with pipe easement

I agree with Michael Brandt’s analysis. Easements are real property rights and an interference with that right is compensable with damages and  injunctions. -Greg Ursich, Inslee Best
Sent from my iPhone

On May 11, 2020, at 1:00 PM, Michael Brandt <mbrandt at brandtlawgroup.com<mailto:mbrandt at brandtlawgroup.com>> wrote:

The cause of action is interference with easement.  You could also throw in a nuisance and/or trespass claim, but it all related to the impact on the easement rights.  The damage calculation is correct.  You might also seek the attorneys’ fees available in the trespass statute.

Michael D. Brandt
BRANDT LAW GROUP
1200 - 5th Avenue, Suite 1950
Seattle, Washington 98101
206.441.5739
206.299.9115 (fax)
www.brandtlawgroup.com<http://www.brandtlawgroup.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 Eric Nelsen
Sent: Monday, May 11, 2020 12:14 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Cause of action and measure of damages for intentional interference with pipe easement

Client has an express easement for water line over neighbor's property, and the neighbor intentionally prevents its use by destroying the pipe. Client elects to just relocate the pipe to avoid dealing with the neighbor. The cost to relocate is likely lower than cost of litigation, not to mention the bonus avoidance of future bad behavior which is highly likely given the neighbor's volatility and ongoing pattern of harassment over several years.

Can the client sue the neighbor for damages for interference with the express easement, with measure of damages being the cost to relocate the pipe? If so, what's the cause of action? Does quiet title still work for a damages-only claim in this scenario? The "damages" statutes in Ch. 7.28 RCW appear to contemplate mainly a case where plaintiff wins adverse possession but defendant has constructed improvements on the property now possessed by plaintiff. Obviously that's not the case here.

Tortious destruction of property works for damage to the existing pipe, but cost to repair would likely be different, and lower than, cost to relocate. (The client's problem is that having the work done on the neighbor's property would be an ordeal, given the neighbor's behavior.) I'd love to get treble damages under RCW 4.24.630 but I think there is case law indicating that the statute doesn't apply when the damage is done on one's own property, even when it's damage to property owned by a neighbor and lawfully present due to an easement. Am I wrong I hope?

But aside from the destruction of property, this is also interference with the legal right under the easement, basically rendering it impossible as a practical matter for client to peaceably use the easement. What damages can compensate for that? Could the cost to relocate the pipe to a different location, be argued as the measure of the value of the easement itself?

Is there a potential problem with client "voluntarily" deciding to relocate the pipe? Obviously it could be construed as abandoning the easement, but does it also potentially bar a remedy for interference with the easement?

Sincerely,

Eric

Eric C. Nelsen
Sayre Law Offices, PLLC
1417 31st Ave South
Seattle WA 98144-3909
206-625-0092
eric at sayrelawoffices.com<mailto:eric at sayrelawoffices.com>

Covid-19 Update - All attorneys are working remotely during regular business hours and are available via email and by phone; please call the Seattle office. Videoconferencing also is available. Signing of estate planning documents can be completed and will be handled on a case-by-case basis; please call the Seattle office.

MAIL AND DELIVERIES can be received at the Seattle office. For any other needed arrangements, please call the Seattle office.

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