[WSBARP] Does land lease include easement rights?

Wed Jan 24 14:40:35 PST 2024

I agree in that parking is not allowed on ingress/egress easements, and the farmer “leasing” to duck hunters needs to police his tenants’ actions.  

Jeff Davis

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
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email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark Anderson
Sent: Wednesday, January 24, 2024 2:19 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Does land lease include easement rights?

In my view, the owner is ultimately responsible for the conduct of its tenants.  If not done so already, I would complain to the farmer/adjoining landowner.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
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From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  <wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Kelby Derenick
Sent: 01/24/2024 11:57 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com> >
Subject: Re: [WSBARP] Does land lease include easement rights?

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 <mailto: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

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