[WSBARP] Easement Issues

[Mark Anderson]

Dear All:

I would really appreciate getting examples of explanatory letters you have sent either to your own Client or demand letters to the adverse party regarding the following scenario:

A well serves 8 houses.  The well is located on the property for one of those houses (Property A) and the supply lines run through another property (Property B) that also uses the well.  Each of the properties served by the well has an easement on Property A for the well and water supply and across Property B for the distribution system.  The 8 houses also have a shared well agreement under which everyone served by the well will share equally in the costs associated with maintaining the well and supply lines.

The well has fallen into disrepair, which has resulted in a loss of water supply on several occasions.  It also requires an upgrade to bring it back into compliance with county standards.

The owner of Property A has been refusing to allow any of the easement holders into the easement area to evaluate the well and the work necessary.  The owner of Property B has, for some reason, jumped on that bandwagon.  The owner of Property A has not undertaken repairs of the well.

I suppose we all know what an easement is and what rights of the parties are.  However, I do not think I have ever been required to write anything about the fundamentals except perhaps for the bar exam (oh, so long ago).

In advance, thanks for your help.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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