[WSBARP] WSBARP Digest, Vol 112, Issue 19

Wed Jan 24 13:19:21 PST 2024

Tim,     I agree with Kelby, so long as it is not an overexpansion of its use, which I doubt.  I would expand that though. Abuse of an easement are grounds for its termination. That sounds nice but is very difficult to do. I would start creating a record with very specific documentation and letters to both the lessor and lessee. Keep documenting and writing letters. Eventually, it either stops or you have grounds to terminate, but it will take patience and perseverance since it is disfavored. 
Steve
Stephen WhitehouseWhitehouse & Nichols, LLPP.O. Box 1273601 W. Railroad Ave. Shelton, Wa. 98584360-426-5885swhite8893 at aol.com

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Today's Topics:

  1. Does land lease include easement rights? (Timothy Lehr)
  2. Re: Does land lease include easement rights? (Kelby Derenick)

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Message: 1
Date: Wed, 24 Jan 2024 16:49:32 +0000
From: Timothy Lehr <timothy at stileslaw.com>
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Does land lease include easement rights?
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All,

I have a PC that owns a parcel of land that includes an access easement for the benefit of an adjoining landowner. Adjoining landowner owns farmland and uses that easement to access certain farm fields. The easement allows access from a main road, travels across PC's parcel and ends at adjoining landowner's farm fields.

The farmer leases his farm field during the waterfowl hunting months to a duck club. The members of the duck club use PC's access easement to access the field for hunting. Lately, they have been parking within the easement area. When PC contacts them about parking, they have not been cooperative.

Question is - when the farm landowner is the sole beneficiary of the access easement, can that access be transferred or conveyed to the duck club member via a land lease?

Timothy C. Lehr
Attorney & Partner

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Message: 2
Date: Wed, 24 Jan 2024 11:57:25 -0800
From: Kelby Derenick <kelby at derenicklaw.com>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Does land lease include easement rights?
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I don't see any issue with the lessees using the easement to access the
property.  I think the scope of the easement is the issue in this
situation.  What does the easement language say about the scope?  Is it for
ingress, egress and regress? I have had a number of cases where the scope
is only for coming and going (ingress and egress) - not for parking.  By
parking on the easement they are misusing the easement and it is
considered a trespass.

 Mielke v. Yellowstone Pipeline Co., 73 Wn. App. 621, 73 Wash. App. 621,
870 P.2d 1005 (Wash. Ct. App. 1994)

This includes the misuse, overburdening or deviation from an existing
easement. See Hughes v. King Cy., 42 Wn. App. 776, 714 P.2d 316, review
denied, 106 Wn.2d 1006 (1986); Tatum v. RR Cable, Inc., 30 Wn. App. 580,
636 P.2d 508 (1981), review denied, 97 Wn.2d 1007 (1982).

Kelby J. Derenick
Attorney

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On Wed, Jan 24, 2024 at 8:53?AM Timothy Lehr <timothy at stileslaw.com> wrote:

> All,
>
>
>
> I have a PC that owns a parcel of land that includes an access easement
> for the benefit of an adjoining landowner. Adjoining landowner owns
> farmland and uses that easement to access certain farm fields. The easement
> allows access from a main road, travels across PC?s parcel and ends at
> adjoining landowner?s farm fields.
>
>
>
> The farmer leases his farm field during the waterfowl hunting months to a
> duck club. The members of the duck club use PC?s access easement to access
> the field for hunting. Lately, they have been parking within the easement
> area. When PC contacts them about parking, they have not been cooperative.
>
>
>
> Question is ? when the farm landowner is the sole beneficiary of the
> access easement, can that access be transferred or conveyed to the duck
> club member via a land lease?
>
>
>
> *Timothy C. Lehr*
>
> Attorney & Partner
>
>
>
>
>
> p:  360.855.0131
>
> e:  timothy at stileslaw.com
>
> w:  www.stileslaw.com
>
>
>
> *NOTICE*: The information contained in this email is proprietary and/or
> confidential and may be privileged. If you are not the intended recipient
> of this communication, you are hereby notified to : (i) delete the email
> and all copies; (ii) not disclose, distribute or use the email in any
> manner; (iii) notify the sender immediately. Thank you.
>
>
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