Ingress Egress Easement

I think it would depend on the language of the easement. Typically parking is separate from ingress/egress and requires a separate agreement.

No.

Stephen

this could fall under "overburdening the easement"

I suppose the tavern owner could argue prescriptive parking rights if his patrons have been doing it for a long time and the bank hasn't posted it "No Parking" or "Parking by permission only" or something like that. I'm not saying he would win but it would be something a lawyer would probably try.

Probably true, Bryan. If the written easement spells out specific rights, I don't know if that makes it harder to develop prescriptive rights for other uses in the easement area than if the whole situation was prescriptive.

If, as I read it, the easement is across your friends property and is nonexclusive, then yes, parking that doesn't interfere with the adjoiners right of ingress and egress would be allowed. If the easement is for your friend, then no, he can't allow parking on it.

Have I misunderstood the question?

Don

Edit: yeah, I really did misread it. Sorry

> Have I misunderstood the question?

No, the easement is across the Banks property and yes, you may have misread the post.

The easement is mentioned in the SWD as: Together with an easement for ingress, egress and utilities over and across the east 12 feet of the north 80 feet of lot 7 in Block D of Puyallup.....

Dugger

Edit-just saw, that you saw, that you may have misread it;-) carry on

Were it an Ingress, Egress and Parking Easement the Bank would have no grounds, Its not and they do. Maybe he can negotiate with the bank and reach an agreement that would place all liability on the tavern owner or even after Banking hours obtain the use of the banks parking. Tell him to not puff up and attorney up, but to attempt to recognize the banks liability's and try to work something out to everyone's benefit. One other option is to mortgage his tavern to that bank for enough money that they will almost do anything to avoid obstructing any tavern business.
jud

:-@

>If you have an easement, through an adjoining property for ingress and egress, can you also use it for parking? As long as it doesn't impede the ingress and egress of the adjoiner?

You can but if it is limited to ingress and egress than you can get called out on the parking.

Ingress Egress Easement> Depends

I've been involved in two cases about this issue. in both situations the decision was that parking was permitted, only as incidental to unloading.

The first case was a residence with an easement over the property between them and the road. The burdened property owner would park her car in the easement and unload it after going to the grocery store. She got in the habit of leaving her car there and the benefited property owner had to file suit to compel her to leave it open.

In the second case, it was between two commercial properties and the benefited property was using the easement to unload materials. The burdened property owner filed suit to restrict the unloading in the easement. The judge found that unloading was a use to "ingress/egress" but that vehicles could not be left there after unloading.

Neither ingress nor egress can be defined as parking.

Ingress Egress Easement-a 2 part post

So, this brings us to the second part of the post; What is the worst case scenario for my friend, if the bank wants to push the issue? The bank will file suit and force him to comply? If he doesn't, will they call a tow truck?

Thanks again for all of the great responses.

Dugger

Ingress Egress Easement-a 2 part post

Guess that would depend on the court decision and the attitude of the bank hierarchy. Any guess would be just that, advise him to attempt to obtain an agreement or other binding terms beneficial to both. Sound like he wants to force the issue from what you are asking, not in his best interest to do so.
jud

Ingress Egress Easement-a 2 part post

> Guess that would depend on the court decision and the attitude of the bank hierarchy. Any guess would be just that, advise him to attempt to obtain an agreement or other binding terms beneficial to both. Sound like he wants to force the issue from what you are asking, not in his best interest to do so.
> jud

This is the kind of advice I will be giving him, I was making sure I knew what I was talking about first;-)

I was the one forcing the issue, in a hypothetical kind of way, not him. We had discussed the issue, briefly, last week. He has been the owner since 2004 and it's always been an issue, just neither party wants to pursue it much further. Sort of like letting sleeping dogs lie. The trouble is, some day that dog is going to wake up, and if you don't feed it first, you might get bit.

Thanks again for all of these good responses.

Dugger

In a Tavern, in a canyon,
Excavating for a mine
Dwelt a miner forty niner,
And his daughter Clementine

Hijack - Please Ignore

Dave - I thought it was cavern, not tavern. Although a lot of mining activity also takes place in taverns. Didn't take him long to forget Clementine did it? Typical musician.

In a cavern, in a canyon,
Excavating for a mine
Dwelt a miner forty niner,
And his daughter Clementine

Oh my darling, oh my darling,
Oh my darling, Clementine!
Thou art lost and gone forever
Dreadful sorry, Clementine

Light she was and like a fairy,
And her shoes were number nine,
Herring boxes, without topses,
Sandals were for Clementine.

Oh my darling, oh my darling,
Oh my darling, Clementine!
Thou art lost and gone forever
Dreadful sorry, Clementine

Drove she ducklings to the water
Ev'ry morning just at nine,
Hit her foot against a splinter,
Fell into the foaming brine.

Oh my darling, oh my darling,
Oh my darling, Clementine!
Thou art lost and gone forever
Dreadful sorry, Clementine

Ruby lips above the water,
Blowing bubbles, soft and fine,
But, alas, I was no swimmer,
So I lost my Clementine.

Oh my darling, oh my darling,
Oh my darling, Clementine!
Thou art lost and gone forever
Dreadful sorry, Clementine

How I missed her! How I missed her,
How I missed my Clementine,
But I kissed her little sister,
I forgot my Clementine.

Oh my darling, oh my darling,
Oh my darling, Clementine!
Thou art lost and gone forever
Dreadful sorry, Clementine

Hijack - Away

At's a good campfire song:

Connie Francis and Jonny Hills is one of my favorite versions....

[flash width=640 height=390] http://www.youtube.com/v/nzCSTMWix3g?version=3 [/flash]

And then there's the Oh My Darling Remix;-)

[flash width=640 height=390] http://www.youtube.com/v/YTQoXBn51YY?version=3 [/flash]

Hijack - Please Ignore

"Then I kissed her sister and forgot my Clementine!"

Here's the Canadian version:
[flash width=480 height=390] http://www.youtube.com/v/RUzQy4mmT3Q?fs=1&hl=en_US [/flash]