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WA state real propety law, access and egress of easement
Seattle, WA
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Posted about 1 year ago in Real Estate
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Access and Egress Easement:
I own a small lot in seattle Wa.
The neighbors have been granted a 12 foot easment along the one side for access and egress. they use it as though it belongs to them. Parking, Storage, Garbage day, etc... Can I tell them to stay off the easment...and allow only access and egress? - Is this your question? Add additional information Answers (1)John Donald Sullivan
This attorney is licensed in Washington.
Posted about 1 year ago.
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The answer depends upon what exactly the easement documents says and exactly what they are doing. An easement holder can only use the easement area for the use for which it was granted. The owner of the land burdened by the easement also has the right to continue to use the easement area so long as his use does not interfere with the legitimate use of the easement holder. Generally speaking, structures, storage, etc. would exceed the scope of an easement that is strictly for access. If their use is in fact outside the scope of their easement, then you can tell them to stop the unauthorized use. However, they can continue to use the area for the purposes for which the easement is intended.
PLEASE BE ADVISED: This answer and any information contained herein is not intended to be treated, and should not be construed, as legal advice. Rather, this answer is offered solely for general information purposes. This answer does not create an attorney-client relationship, nor does it create any kind of legal relationship, duty, or privilege. This attorney is licensed only in Washington. |