[WSBARP] Subservient Estate Dumps Yard Waste into Easement

[Douglas Scott]

The easement document should be controlling. It may say that there is a
width of the easement upon which access is to be provided that is wider
than the easement road itself.  If the trash is being placed inside this
easement area that could be construed as a violation of the  terms of the
easement.

*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, Feb 9, 2024 at 9:27 AM <Jeff at bellanddavispllc.com> wrote:

> 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: jeff at bellanddavispllc.com
> www.bellanddavispllc.com
>
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