Can a case for adverse possession be won if the piece of land in question is easement?

Asked over 1 year ago - La Center, WA

Bought home 2 yrs ago. When moving in neighbor informed us part of our fence was built on his land (which is easement) and he wanted to park his cement truck on our land. We said no. Repeatedly made same request so we gave in said ok to parking truck but it was not related to fence issue and he had to move truck when asked. He wrote up agreement. 9 months later we wanted ruck moved. He refused. We had attorney send him letter. He had his property surveyed and our fence was built on the easement- his land, in 2004- he lived in his home when the current owner of our home built it. Now he stands inside of our fence (technically his land) and harasses us. Has built chicken wire fence & planted trees that will disrupt our septic eventually. Stands in front of our windows and drinks/smokes.

Attorney answers (1)

  1. Shawn B Alexander


    Contributor Level 20


    Lawyer agrees

    Answered . This is a fact intensive case and the new rule is in effect where the prevailing party may be awarded fees in adverse possession cases. You should take all of your documents to a lawyer for an evaluation. The fence will have to meet all the elements of adverse possession. The truck can be towed and impounded but you will have to be responsible if the court finds you gave him permission and didn't properly revoke it.
    Good Luck

    Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are... more

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