[WSBARP] Subservient Estate Dumps Yard Waste into Easement

[Jeff at bellanddavispllc.com]

Listmates:

 

Just wondering if you have run into this situation and how you dealt with
it.  Clients have their access easement through two neighbors.  Bad
neighbors fenced their yard putting the fence on the easement line.  It is
fine and does not interfere with the easement.  However, they don't like the
easement through their property.  They now pile their yard waste into the
easement area on the other side of their fence.  Its grown to the point of
being ugly, maybe a potential fire hazard in the summer, but not yet
interfering with clients access.  I know owners of land subject to an
easement can use the easement area as long as they do not unreasonably
interfere with the dominant estate's use.  

However, in this seemingly angrier times, I see this type of activity more
and more.  Is the clients only option but to clean up the debris themselves,
or is their some recourse against the servient estate?  Your thoughts.

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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