[WSBARP] Dominant Estate Easement Holder Gating Roadway within Servient Estate

[Jeff Davis]

Listmates:

 

Client owns rural property with access through a neighbor.  Except for where
the homes are located, the properties are forested.  Client would like to
gate the roadway within the servient estate to stop vandals.  If the gate is
placed on the property line between the client's and servient owner's
property, the cars would not be seen and the thieves can just go over the
gate and walk in.  It's happened.  Client wants to place the gate far enough
away to prevent walk ins.  The gate, where planned, will not interfere with
Servient Estate owner's access to his house.

 

We would ask permission from the servient owner, but he is a retired lawyer
from somewhere I am sure you can guess.   He does not like client using the
easement road but acknowledges its existence.  

 

There are many cases saying a servient owner can gate the easement road in
certain circumstances.  Are any of you aware of a case where the dominant
estate places a gate within the servient estate?

 

Jeff Davis

 

 

 

W. Jeff Davis, Esq.

BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129 
Fax No.: (360) 683.1258 
email:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20200513/eb48a4d8/attachment.html>