Interference With Field Irrigation

[Geoff Koganow]

My question involves an easement in the state of:Washington
For many reasons including harassment, criminal threats and interference with my field irrigation, I would like to do something about a shared field irrigation well. This well is shared through a legal and registered easement that basically makes each party responsible equally for the existing pump and the workings of it. Costs related to repairs, maintenance and replacement are to be shared equally. Also, neither party is to interfere with the others access to the well and/or the workings of it, or is to alter the well, the workings of it or the ground around it in any way that might interfere with the other parties use of the well, the water in it, and/or the existing workings of it. There is no restriction on the amount of water that may be taken from the well, or the amount of time that either party may use the workings to extract the water. Of note, this well is an old style ring well that measures 4.5ft in diameter.
1) I would like to put my own field pump down the well and have all of the workings for the new pump place on my property, away from the well easement.
2) I would also like to abdicate any rights and obligations regarding the existing pump and the workings of it.
In essence, I do not want to give up the well or the water in it. I merely want to establish my own extraction method.
The placement of the new and privately owned pump will not in any manner interfere with the existing pump or the workings of it.
Can I do this?

[LandSurveyor]

This well is shared through a legal and registered easement that basically makes each party responsible equally for the existing pump and the workings of it.

So you will continue to share the costs of the existing arrangement and add all of the costs of installing your own independent system?

I would also like to abdicate any rights and obligations regarding the existing pump and the workings of it.

Based on your stated relationship with your co-easement holder, I see that concept as a non-starter. How do you intend to persuade him to release you from your obligation? You cannot just "abdicate" your obligation under a legal easement.

If his activities regarding you and your use of the well are indeed criminal, get him sent away for a while and apply to a court for relief.

[Geoff Koganow]

I am hoping that someone on the forum might have some idea as to how I get out of the easement agreement. I know there is something called 'abandonment' that people have used to gain separation from property etc.

I mean, this guy has been harassing us and the neighbours to the point where more than 15 people have applied for a civil restraining order. I have charged him with a criminal offense, he is on probation for cattle rustling and it goes on and on. My wife and I are under constant alert because of him and dealing with him is a non starter. Too boot, the meter for the well is under his name and he won't allow me to put my name on the account. This in his mind lets him turn the power off whenever he pleases, and he has done so when I have been watering on numerous occassions.

gk

[LandSurveyor]

I am hoping that someone on the forum might have some idea as to how I get out of the easement agreement.

As none of us here has access to the actual agreement it's impossible to respond further. In general terms, it's difficult to get out of the obligations of an easement agreement while retaining the benefits. If you "abandon" the easement, which you might possibly do, you will likely lose access to the well and water. It appears that your problem is not with the easement but the neighbor. I'll repeat my advice to go after the neighbor. If fifteen or so people have gone after a restraining order without success, there is little more we can do here.

[Geoff Koganow]

Thank you for your council. I agree that the way to go is to go after the guy. We are hoping that the restraing order which is asking that he not be permitted within 100 feet of our property lines (except in my case where he will be permitted access to the easement for the soe purpose of watering his fields) will effectively landlock him, making it virtually impossible for him to leave the area except via one route that leads away from all of us. Should our application fail, there are a couple of other options. These would force him to take me to court thereby wasting his time and money, and even by some remote chance wins, it leaves him in the position of trying to collect from me. Better that he goes through the whole court costs and hassle.