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Is a verbal agreement on an easement enforceable in WA state

Asked over 3 years ago - Spokane, WA

I just built a new home in WA state and the adjacent landowner said that we could have an easement over their property. When everything was completed we would give them $2000 and ensure the road was maintained. They were given a contract to sign and kept telling us everything was ok. We have built the road, finished the house and now they said they changed their mind. What are my recourses.

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Attorney answers (1)

John M. Kaman

Reputation Level 20

Answered over 3 years ago. Criminal Defense Attorney in San Francisco, CA.

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You should have signed a written agreement and then recorded the agreement on the title to each property. Since you did not, you may have to argue to a court that equitable reasons justify your keeping the easement. You should stress that in reliance on their promise you paid money and built a road. Good luck.

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