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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
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We live in yacolt washington(rural) Which is County and

Customer Question

We live in yacolt washington(rural) Which is Clark County and their is an easement on our drive way that runs completely through the middle of our property about 1/4 of a mile, right past my house which is 20 feet from my porch.
The language on my deed states purpose - ingress, Egress and utilities.
The dominant party has been driving his quad up and down my drive randomly without any purpose other than to joyride, he speeds past my home both on his quad and his truck and their suburban.
Yesterday June 15th 2017 he ran over my dog and cause extensive damages she has underwent surgery and remains hospitalized till at least Saturday June 18th with the medical bill as of today at 3000.00 dollars which he stated he wouldn't pay.
When we returned home from the vet hospital we stopped the dominant party gave him an update and we stated to the dominant party that we will no longer remain silent to keep the peace, we ask if he could please drive 5 miles per hour past our home where the dog play as well as my grandchildren, the request was for about 50 feet of the 1/4 driveway and again verbally stated to him the use of the ATV is not consistant with the ingress and egress, he stated he will drive whatever speed he desired and he would do whatever he wanted on the driveway.
Today 6/16/2017 the dominate party made a point of drive at even a higher rate of speed today both leaving and coming.
We purchased the property last year and we have tried to remain polite and calm but now he has caused harm to my family and property- he also hasn't paid a penny or lifted a finger to maintenance the driveway that is yet a again full of pothole causing us yet again more financial burdens. He also rides his fence line multiple times daily fully armed like he going to war with pistols on each hip and a rifle slung over his shoulder, this man is unstable and I want him away from my family- yesterday he threatened us and we found out that the prior owner was the dominate parties brother who sold to get away as he was doing the same thing to them.
I will also note my dog are on a fenceless system to keep them off the drive which keeps them from the full run of my 20 acres - the battery failed.
What are the serviant rights on a private driveway, can the easement be moved to the other side of my property away from my house, can the easement be terminated due to abused and financial burdens he's creating for us a well as fear for the safety of our family and pets
Submitted: 1 month ago.
Category: Estate Law
Customer: replied 1 month ago.
I wanted to add we have security cameras and when ran over my dog he never attempted to slow or stop to avoid hitting he just blantanly ran her over- do we file a police / sheriffs report as well
Expert:  Damien Bosco replied 1 month ago.

Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

Expert:  Damien Bosco replied 1 month ago.

Have you made a Police Report regarding the hit and run on your dog and speeding?

Customer: replied 1 month ago.
No police report yet as I didn't Know if I could file a report about speeding on an easement.
He did stop but only after he ran the dog over.
Expert:  Damien Bosco replied 1 month ago.

In this situation, you may want to file a Police Report about the dog being hit and also about speeding on the easement. There has to be a speed limit even on an easement if only it would be at a reasonable speed. For example, in the extreme, it would be highly unlikely that a vehicle is allowed to go 200 miles an hour on an easement. At least it could be considered reckless endangerment.Further, you may have a claim for damages in court for the dog although there could be some duty on your part to have the dog tied so it would not go on the easement. In any event, it is important for you to report it. Possibly, the Police would give a warning or ticket. If not, there would be a viable claim against the speeding even if you are not the dominant party. We can discuss more if you want to do so.

Customer: replied 1 month ago.
I plan on taking the medical bills to court, my question was regarding the easement
1) can it be moved to a location on my property away from my home
2) can an easement be revolved due to abuse, reckless endangerment and financial burden he has caused and is causing us the serviant party.
3) can we install speed bumps
4) can we install an unlocked gate from his property to our that he has to stop at to open - there forcing a slow down
Expert:  Damien Bosco replied 1 month ago.

Generally, a Judge could consider all your requests that you list at the discretion of the court. In other words, a court would entertain your requests and measure the burden between both parties. So, yes to the movement, yes to reckless endangerment, yes to speed bumps and yes to the unlocked gate. Like I said, a Judge would look at the plusses and minuses affecting each party. We can discuss more if you would like to do so.

Expert:  Damien Bosco replied 1 month ago.

If you have any follow-up questions, feel free to ask them. If finished, please take a moment to rate my service between 3 and 5 stars. See you again soon!

Customer: replied 1 month ago.
To move the easement I'm sure that requires going to court, so I have the right place sped bumps and an unlocked gate as the property owner or does that require legal action as well
Expert:  Damien Bosco replied 1 month ago.

Unfortunately, that would require legal action too because it could be considered a substantial change. Possibly the unlocked gate does not but if it effects the easement it could be considered a substantial change.

If you have any follow-up questions, feel free to ask them. If finished, please take a moment to rate my service between 3 and 5 stars. See you again soon!

Expert:  Damien Bosco replied 1 month ago.

Hello: Just following up. I know my answer was not exactly what you wanted to hear. But it is better to know what is expected in this situation. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars for the service I provided to you. If you have a follow-up question, just let me know.

Expert:  Damien Bosco replied 1 month ago.

Hello again: If you have a follow-up question, don’t hesitate to ask. If finished, please take a moment to rate my service. See you again soon.

Customer: replied 25 days ago.
Sorry for the last response have been taking care of our dog since she was released, i have become increasing concerned with the dominant party I know see that he is now holding a cell phone up and recording I'm assuming the camera isn't directed at the drive way rather pointed straight at my home
Expert:  Damien Bosco replied 24 days ago.

I see. Have you attempted any legal action yet on the easement issue?

Customer: replied 24 days ago.
No not yet, from what your saying he can do whatever he wants and we have no say - so we purchased speed signs that are going up, next will be speed bumps or an unlocked gate, we were loooking for Washington state laws, not sure what your telling me - a lot of probabilities.
The filming with a cell phone is disturbing me - I will write a letter to cease and desist as we don't give permission to film my home and self on 20 acres I have a right to privacy, I have a right to peace.
Expert:  Damien Bosco replied 24 days ago.

You do have a right to peace and can have a nuisance claim against someone if they are preventing you from doing so.

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