[WSBARP] Easement Issues

[Mark Anderson]

Wonderful - fresh off the press!  I appreciate 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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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: 11/09/2022 2:42 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Easement Issues

Mark, see attached letter which I sent about a month ago.  For this letter, I wanted to present the situation as a "no brainer" and not cite a lot of cases and statutes since I was addressing elderly laymen.  The law review article may have to come later but only when I am dealing with an opposing attorney.  Modify as needed and good luck.


[cid:image001.jpg at 01D8F44B.5BFBC1E0]

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 Mark Anderson
Sent: Wednesday, November 9, 2022 2:11 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Easement Issues

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<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.mbaesq.com%2F&data=05%7C01%7C%7C9c585f818f7f489becd508dac29fc85c%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638036288800842663%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=PKCvYszVgWjhVgG2qX8M49%2B9h%2F%2BZ%2Fi0UaV05s3Akb9I%3D&reserved=0>
CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the individual named recipient. It may be protected by the attorney-client privilege, work product doctrine, or other confidentiality protection. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, be advised that any dissemination, distribution, or copying of this communication is prohibited. If you have received this transmission in error, please immediately notify the sender via e-mail or by telephone at (253) 327-1750 that you have received the message in error, and then delete it. Thank you.

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