RuMR Posted September 16, 2011 Posted September 16, 2011 If an easement is designated as for : egress and ingress and utility work, is parking allowed on it if the property owner doesn't want it? King County? Quote
ivan Posted September 16, 2011 Posted September 16, 2011 seems like parking is a part of ingress? utility workers gotta park the rig somewhere... Quote
wetslide Posted September 16, 2011 Posted September 16, 2011 Some parking cop gave you a ticket whilst you were at vertical world, eh? Quote
Bronco Posted September 16, 2011 Posted September 16, 2011 Rudy - If the intended purpose of the parked vehicle is to perform utility work, that would be difficult to prevent them from parking there. Â You could write them a letter putting them on notice that they have hurt your feelings and it is your understanding that once the maintenance is done, they will promptly remove the vehicle. Â Don't feel too bad, most properties have a utility & maintenance easement somewhere. Quote
Bronco Posted September 16, 2011 Posted September 16, 2011 oh yeah, I'm not a lawyer but I play one on tv. Quote
olyclimber Posted September 16, 2011 Posted September 16, 2011 I council to initiate a lawsuit with whomever can't look you in the eye over this matter. Â However, I must warn you that I'm not a lawyer either. Otherwise I would bill you $300 for this advice. Quote
ivan Posted September 16, 2011 Posted September 16, 2011 next time cocksucker parks in yer driveway you should demand a writ of habeas corpus!!! Quote
RuMR Posted September 16, 2011 Author Posted September 16, 2011 Thanks Bronco, Â Its actually a coworker at work asked this question as there is a deadbeat dad hiding out on the adjacent property and using the easement on her backfence as a personal parking strip. Its pissing her off... Quote
Bronco Posted September 16, 2011 Posted September 16, 2011 Here's my advice: Call a Towing Company and get a form for having the car towed. Put it on his windshield the next time he parks there. This will probably make him angry but cause him to go park elsewhere. Â Nobody really wins when a car actually gets towed (except the towing company) so hopefully it doesen't come to that. Quote
RuMR Posted September 16, 2011 Author Posted September 16, 2011 I don't think she has the right to tow, does she? Â Quote
Bronco Posted September 16, 2011 Posted September 16, 2011 If the easment is on her property and the car is on the property/easment and it's not parked there for the purpose of utility maintenance then YES I would say she has the right to have it towed. Quote
rob Posted September 16, 2011 Posted September 16, 2011 I don't think she has the right to tow, does she? Â sounds like it might be time for the midnight man to pay a little visit to this vehicle.... Quote
tvashtarkatena Posted September 16, 2011 Posted September 16, 2011 A lot of people think I'm a lawyer sometimes. Â I advise you to open fire. Â Â Quote
Off_White Posted September 16, 2011 Posted September 16, 2011 I can guarantee that the legal advice you receive on this board is worth every penny you pay for it! Â Quote
sobo Posted September 17, 2011 Posted September 17, 2011 Rudy - In my professional experience with easements over the past 20-odd years, it sounds to me like the easement you describe is not an easement that benefits the grantor (your co-worker) anything other than having utility work performed "somewhere" which requires her permission to the grantee (the utility purveyor) the right to ingress and egress her property to get to that same "somewhere." The easement does not extend/grant any rights to Deadbeat Dad (unless of course he works for one of the grantees/utility purveyors and is performing that work while parked there). However, nor does it specifically prevent him from using that same easement, unless it is posted as no trespassing (and that's different law, separate from easement law). Â Here's the thing: An easement will state a specific purpose for why the easement is being allowed/required, and who are the grantors (those who give the permission to access) and who are the grantees (those that benefit from that permission) to that easement. From what you've described, it's highly unlikely that Deadbeat Dad is a grantee, but just because a third party is not a grantee, that doesn't necessarily prevent that third party from using the easement (it may be considered trespass, and it may not - is the portion of her property to which the easement applies posted as no trespassing??). I would posit that the use for which Deadbeat Dad is using the easement is not specifically permitted for him, nor is it specifically prohibited. The easement simply doesn't apply to him. Â So to me, her recourse does not seem to rest with the easement, since it not an enforceable document upon Deadbeat Dad. This sounds more like a domestic dispute/issue to me. If she really wants him gone, she should go to court and get a TRO and have the bum booted off the property. A TRO would be much more effective and enforceable against him than a utility easement would ever be. Quote
KaskadskyjKozak Posted September 17, 2011 Posted September 17, 2011 Rudy - In my professional experience with easements over the past 20-odd years, it sounds to me like the easement you describe is not an easement that benefits the grantor (your co-worker) anything other than having utility work performed "somewhere" which requires her permission to the grantee (the utility purveyor) the right to ingress and egress her property to get to that same "somewhere." The easement does not extend/grant any rights to Deadbeat Dad (unless of course he works for one of the grantees/utility purveyors and is performing that work while parked there). However, nor does it specifically prevent him from using that same easement, unless it is posted as no trespassing (and that's different law, separate from easement law). Here's the thing: An easement will state a specific purpose for why the easement is being allowed/required, and who are the grantors (those who give the permission to access) and who are the grantees (those that benefit from that permission) to that easement. From what you've described, it's highly unlikely that Deadbeat Dad is a grantee, but just because a third party is not a grantee, that doesn't necessarily prevent that third party from using the easement (it may be considered trespass, and it may not - is the portion of her property to which the easement applies posted as no trespassing??). I would posit that the use for which Deadbeat Dad is using the easement is not specifically permitted for him, nor is it specifically prohibited. The easement simply doesn't apply to him.  So to me, her recourse does not seem to rest with the easement, since it not an enforceable document upon Deadbeat Dad. This sounds more like a domestic dispute/issue to me. If she really wants him gone, she should go to court and get a TRO and have the bum booted off the property. A TRO would be much more effective and enforceable against him than a utility easement would ever be.  sounds like you still have the brain turned on and in work mode... it's time for some brewski's Sobo!  Quote
sobo Posted September 17, 2011 Posted September 17, 2011 Yeah, I haven't left yet. OK, time to go... NOW!!! Quote
ivan Posted September 17, 2011 Posted September 17, 2011 as your lawyer, i advise you to start drinking immediately Quote
sobo Posted September 18, 2011 Posted September 18, 2011 Yessir! Consider it done! Mmmmmmmm, Maryhill Winemaker's Red... It was a verrrrrrrrrry long day today. Â Quote
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