[WSBARP] Easement - scope of allowed use - help?

[Dominique Zervas]

Greetings list mates.

I would greatly appreciate any suggestions, ideas, case references, a phone chat... regarding the following:

Background: late 1800s easement for railroad tracks along lake; property (and easement) transferred to logging company;  property later transferred to developer who subdivided; lots sold and homes built; easement in question described as for "access" and connects about a dozen homes to the lakefront where there was a dock. For 10-15+ years, owners of benefitted properties used the easement for access to the lake, parking while using the lake, storing small boats and other personal recreational equipment, and general hanging out in the lakefront portion of the easement.

Issue: Caselaw that references changed use of an access easement seems to focus on changes to modes of transportation over time-from, e.g., trains, to motorized vehicles. But no luck so far finding anything where, e.g., actual use of the access easement includes parking, storage, and recreation; and whether/how the legal right to continue of those related uses might be acquired.

Can the benefitted properties acquire, by prescriptive easement or under another legal theory, a legal right to use the easement area for those additional uses where they have engaged in those uses for 10+ years---does it make a difference if they already have a legal right to use the easement, but for access only?

Can you think of another way or theory?

Again, I'd greatly appreciate any insight you might have, or even a shove in the right direction!

Sincerely,

Dominique Zervas
She/her







ZERVAS LAW, PS
1909 Broadway
Bellingham, WA 98225
360.733.2010
http://zervaslaw.com<http://zervaslaw.com/>

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