Property Easement in Kitsap County, WA

I have granted to another property owner ia 15' easement so that he may access his two lots behind my property. He wishes to build a road on it. There are currently water, gas and electric utilites on this easement. Is he financially responsible to have the utilites moved, and if so does he have to pay for a hotel for me while my home is without utilities while they are being moved? Also, the trees/lumber that is on the easement while have to be removed...am I able to reap the financial gain from the sale of this lumber? Currently, there is no written agreement as to how the easement will or will not be used other than granting the 15'.

98370 -

Attorney Answers (2)

Shawn B Alexander

Shawn B Alexander

Real Estate Attorney - Olga, WA
Answered

The easement in a right to use the land for a specific purpose, only. You right to the trees remains yours. The easment holder would bear the expenses of normal improvements but a hotel is not normal utilities if properly located below the subgrade may remain in place. When the utilities need service then you would have to restore the road. Get the easement redefined before naything else happens while you are still talking.

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Michael T Millar

Michael T Millar

Real Estate Attorney - Toms River, NJ
Answered

You still own the land and should receive the profits from the sale of any timber there.

I don't understand why a right of way requires the utilities to be moved. Having said that, it is the financial obligation of the easement holder to maintain or improve the easement area. If the improvements will cause you to temporarily move out of your home, then yes the easement holder should pay for that inconvenience.

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