[WSBARP] Limits on use of exclusive easement

[Catherine Clark]

Logan v. Brodrick, 29 Wn. App. 796, 631 P.2d 429, 1981 Wash. App. LEXIS 2476

Catherine “Cat” Clark
Law Office of Catherine C. Clark PLLC
110 Prefontaine Place South, Ste. 304
Seattle, WA 98104
Phone: (206) 838-2528
Cell: (206) 409-8938
Email: cat at loccc.com<mailto:cat at loccc.com>

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From: Joshua Grant<mailto:jgrant at advocateslg.com>
Sent: Wednesday, August 2, 2023 3:14 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Limits on use of exclusive easement

Client is the owner of an access easement that goes across parcel A and it leads to the benefited parcel B which client owns.  It is an “exclusive” easement.  Client observes that it is a grant not only to client but also to client’s heirs and assigns.  Client now wishes to subdivide his Parcel B into 4 lots.  He also wants the new owners to be able to use the easement over Parcel A so they can get to their parcels.  The Client says “I will simply assign my exclusive easement to each of my buyers.”  The end result is that from one legal user of an exclusive easement, we now have 4 users of the exclusive easement.  My hunch is that it won’t work and Client needs to go to original grantor and get a new non-exclusive easement.  ???
Josh

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