[WSBARP] Access Easement & Parking Rights

[Paul Okner]

Thanks, Spencer.  I'd be interested to hear why the "exclusive" language
was/is problematic.  Too vague as to who is excluded?

-Paul Okner
*Fremont Law PLLC*
3429 Fremont Pl. N.,  Suite 305
Seattle, WA 98103
(206) 399 - 1922


On Thu, Jun 1, 2023 at 3:07 PM Stromberg, Spencer <spencer at lucentlaw.com>
wrote:

> Having recently litigated an easement case involving issues relating to
> "exclusive" easements, my suggestion would be to stay away from describing
> portions as exclusive. Instead, I suggest just including a covenant by the
> owner of the servient parcel to refrain from any use of the easement area
> that would impede the dominant owner's use, including but not limited to
> parking vehicles or placing any personal property or improvements in the
> easement area. In a separate portion of the easement agreement, include in
> the dominant owner's rights the right to park RVs, etc. in the appropriate
> portion of the easement area.
>
> *Spencer A. W. Stromberg*
> Attorney at Law
>
>
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> On Thu, Jun 1, 2023 at 1:49 PM Inge Fordham <inge at fordhamlegal.com> wrote:
>
>> Colleagues,
>>
>>
>>
>> A client contacted me to prepare an easement for ingress, egress, and
>> utilities over Parcel A for the benefit of Parcel B.  The width of the
>> easement area is the northernmost 29 feet of Parcel A.  The client wants
>> Parcel B to be able to park recreational vehicles, trailers, etc. along the
>> side of the easement area and questioned whether we might include language
>> in the easement allowing the same.  With a non-exclusive easement, if
>> Parcel B can park recreational vehicles, trailers, etc. along the side of
>> the easement area, Parcel A would have the same right.  The client wants to
>> avoid that.  The only workaround I see is to draft a non-exclusive easement
>> for ingress, egress, and utilities over the northernmost 20 feet of Parcel
>> A, and an exclusive easement in favor of Parcel B over the southernmost 9
>> feet of the easement area, for Parcel B to be park recreational vehicles,
>> trailers, etc.  Are there any issues with including the non-exclusive
>> easement and exclusive easement in the same document?  Curious whether any
>> of my colleagues have drafted an easement like this and, if so, if there
>> are practical considerations I should account for that I may not have
>> thought of.
>>
>>
>>
>> Thank you,
>>
>>
>>
>>
>>
>> [image:
>> uc%3fexport=download&id=1W3rEcChy0_E0cCfV5up02mkhwnL6eWIs&revid=0B4P5JoIHdbFaR29EbHlRWHFseFV5STZpSUVGeUNPWldkVDFVPQ]
>>
>> *Inge A. Fordham | Attorney*
>>
>> Fordham Law, PLLC
>>
>> 3218 Sixth Avenue | Tacoma, WA 98406
>>
>> Office: (253) 348-2657 | Mobile: (206) 778-3131
>>
>> www.fordhamlegal.com
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