Legal Question in Real Estate Law in Washington

Vacating an easement agreemnet

An easement was let in 82, this easement has never been used by the receiving party. There are use restrictions which make this easement currently of no real value to the receipient. She is old and unreasonable and just recently had her property surveyed which shows the easement and now when anyone parks there (in the easement) or has a picnic table or chair on the easement she is very quick to come over and demand the person to move and tell them that they are not allowed to park there as it is an easement and we must do this by the law.

Can an easement after being given in a case such as this be vacated? Thanks

Asked on 7/12/99, 9:02 pm

1 Answer from Attorneys

Gary Preble Preble Law Firm, P.S.

Re: Vacating an easement agreemnet

Mere nonuse of an easement for no matter how long a period will not extinguish it.

An action for trespass exists when there is an intentional or negligent intrusion onto or into the property of another. Restatement (Second) of Torts, 158, 165, 166 (1965). This includes the misuse, overburdening or deviation from an existing easement.

If she is going beyond the purpose of the easement, tell her she is trespassing and to leave.

As to the proper use of it (which you say she can't legally now do?), I'd tell her that you will move the table or the car when she uses the easement. Depending on the degree to which you wish to maintain good relations with your neighbor, I'd tell her to get a lawyer.

Gary Preble



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Answered on 7/19/99, 11:21 pm

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