I have a 60' ingress egress and utility easment on my property. how ever the current road on that easment is gravel and is 30 '

There are hay fields bordering the road on both sides i reciently put up a fence on my side of the road along my hay field to pasture my horses for the winter. the one of the other land owners that uses the easements is say i can't do that he has access to the 60' even though he has never used it. Can have the fence there as long as i am not interfearing with his access to his property.
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Answers (2)

Jeffrey Paul Helsdon

Jeffrey Paul Helsdon

Contributor Level 3
No. The fact that the existing roadway does not extend for the entire 60' width of the easement area does not result in the loss to the holders of the easement right of the remaining width of the easement. The Washington Court of Appeals for Div. III, which essentially covers Eastern Washington, held in 2007 in the case of 810 Properties v. Jump that an easement grant of a 40' wide road was not limited to the 15' wide roadway that was later constructed:

"Generally, the dimensions of an easement do not contract merely because the holder fails to use the entire easement area. When one enters upon land under color of title, and possesses only part of the land, he or she will be deemed to have possession of the entire tract. Yakima Valley Canal Co. v. Walker, 76 Wash.2d 90, 94, 455 P.2d 372 (1969). In this case, the 1931 and 1941 deeds specifically delineate 40 and 30 foot easements. Accordingly, the trial court did not err in concluding that property owners to the south of Ms. Jump's property have a right to access easements of those respective widths."

Because you have already constructed the fence, you may want to approach the neighbors and express to them that by constructing the fence, you are not intending to assert a claim to narrow their right to the balance of the easement area, and that you are willing to enter into a written agreement that memorializes that they have given you permission to keep the fence there until such time as they express to you that their permission is withdrawn, in which case you will do so within a certain period of time. I suggest that you consult with counsel to draft this document, assuming that your neighbors are in agreement.

Cordially,

Jeffrey Paul Helsdon
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Shawn B Alexander

Shawn B Alexander

Contributor Level 8
I agree with Mr.Helsdon and your fence may be a permissive use that would be removed if necessary or permission is withdrawn.
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