[WSBARP] Ambiguous Easement - Another Try

[Douglas Scott]

Mark,
Easements can be abandoned by the owner of the dominant estate.  A mere
lack of use is not necessarily an abandonment.  An intention of the
dominant estate to abandon the easement can be implied when the owner of
the easement neither claims nor retains an interest in the easement.  It
would seem that your facts indicate an intention to abandon. I would doubt
that an easement was ever truly created. The more time that goes by the
greater the intent to abandon if one was even created.

*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)



www.rainieradvocates.com


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On Fri, Jun 9, 2023 at 2:42 PM Mark Anderson <marka at mbaesq.com> wrote:

> *I sent this out on Monday but received no responses.  I really could use
> some input here – thanks.*
>
> A new owner of lakefront property discovered that the CCRs for his
> community contain the following provision:
>
> Easements are reserved as indicated on the survey of [the plat], and as
> shown by instruments of public record, including but not limited to [2
> well-described road and utility easements that are depicted on the survey]… *and
> an easement over a portion of [the owner's lot] of the survey of [the plat]
> for a community park and lake access*.
>
> There is no further description of the easement for the community park and
> lake access.  And there is no "community park" depicted on the survey of
> the plat.  At first blush, the ambiguity of the easement area description
> would seem to bely the very existence of this easement.  At its worst,
> however, this language could seem to indicate that the entirety of the
> property owner's lot is subject to the easement rights of the HOA.
>
> Who has encountered this before and what has been your approach?
>
> Thanks in advance.
>
>
> *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
> www.mbaesq.com
>
>
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