Season 2, Episode 12: “Easement, easement, where is the easement?” OR “The case of the incredibly expanding easement”
The location and width of road easements is often a ticklish issue. Users want them to be wide. Owners whose property they cross want them narrow.
In August 2017, the Washington Court of Appeals decided a case where a trial court judge seemed to have "expanded" a written recorded easement by giving users additional areas to turnout and ordered the owner whose property the road crossed not to build anything in 2-1/2 feet on each side of the easement. Seeing that the easement they bought the property with had gone from 10 to 15 feet, they cried "Foul!" and appealed.
And the Court's decision? Tune in and find out...