mardi 25 août 2015

Use and Enforcement: Locked Out and Pissed Off

My question involves an easement in the state of:Washington

Hello and thank you!

We have an ingress/egress easement on our deed benefiting us, non-exclusive, perpetual and appurtenant.

We and a neighbor beyond us are dominant tenements. The servient tenement has locked us out so we have been using an alternate access. Because the servient estate has livestock I am sure the court would affirm his right to lock the gate One of the locked Gates is on the property line between the servient tenement and me. This servient tenement comes thru this gate to access parts of his land yet has locked out my use going thru his land. For instance he comes through this gate and onto our property to turn down his water for irrigation. I will probably just cut the chain and ad a lock. However, I do not want to get into a cycle of me adding a lock and he removing/cutting it off. So I was thinking..., what's good for the goose is good for the gander. . Anyway, since he won't give me a key to his lock securing his chain and the gate I must also have the right to put on my own chain and lock securing the gate prohibiting his access onto my property. I would then tell the servient tenement "if you cut off my lock and chain I will cut off your lock and chain and the gate will then become an unlocked gate!" Any opinions?


Use and Enforcement: Locked Out and Pissed Off

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