HomeMy WebLinkAboutLetter Denying Easement - 19-00497 - 464 Terra Vista - ShedLmv Offices
RIGBY, ANDRUS & RIGBYLAW, PLLC
Ray W Rigby, (1923-2019)
G. Rich Andrus, ofcounsel
Jerry R. Rigby
Michael S. Kam (1954-2001)
Hyrum D. Erickson
Sean P. Bartholick
Mark R. Taylor
Chase Hendricks
September 16, 2020
Jay and Sandra Fluckiger
464 Terravista Dr.
Rexburg, ID 83440
Dear Mr. and Mrs. Fluckiger,
P.O. Box 250
25 North Second East
Rexburg, ID 83440
Telephone: (208) 356-3633
Fax: (208) 356-0768
hei-ickson@rex-lau,.com
I represent Cityview, LLC, which owns the property directly to the south of your parcel. The LLC
received the letter you sent to Silas Spalding dated August 5, 2020.
Although the LLC's members are sympathetic to your situation, they decline to provide an
easement that would grant you and all future owners of your property the perpetual right to
access the northernmost 19 feet of the lot adjacent to yours for the purpose of maintaining your
property.
The primary problem is the perpetual nature of the easement. The LLC's property is currently
undeveloped. However, that will change at some point in the future. Presumably, a house and
yard will be built on the lot. The home owners may install fences, fire pits, playground
equipment, gardens, etc. Granting the easement would impact the ability of the home owners to
use their property. They could not place anything permanent in the easement that may impact the
ability of the owner of your property to use those 19 feet to maintain your property. If they did,
they would subject themselves to a potential lawsuit from the owner of your lot.
I suspect from your letter that you have no real interest in using the easement. You are simply
looking to avoid a conflict with the city regarding the shed. However, at some point you will sell
your property. There is no way to guarantee that subsequent owners will share your outlook
regarding the easement. If the LLC grants this easement, it is inviting future conflict between a
subsequent owner of its lot and a subsequent owner of your lot.
As I said, the LLC's owners feel bad about the situation, but they had no part in creating it and
they won't reduce the utility of their property by granting the proposed easement.
Sincerely,
Hyrum rickE s n/
HE/md
he/rullmergreg.ltr
Cc: Alan Parkinson (City of Rexburg)