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  1. #1
    ali98584 is offline Junior Member
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    Drainage ditch in easement problem

    What is the name of your state? Washington
    Our shared easement had a drainage ditch to take away runoff along a dirt road. A new neighbor farther down the dirt road dug a trench for power/cable/phone and eliminated the drainage ditch. Who is responsible for placing a new drainage ditch adjacent to the underground power lines across the shared easement?
  2. #2
    BelizeBreeze is offline Senior Member
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    Is the drainage ditch a part of the easement description?
  3. #3
    ali98584 is offline Junior Member
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    re Drainage ditch in easement problem

    Washington state - the drainage ditch is not in the legal description but has been there for 11 years or more.
  4. #4
    ali98584 is offline Junior Member
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    re Drainage ditch in easement problem

    Washington State. The easement (60 ft easement) is in the title documentation and the power/cable/phone and drainage are/were ALL in the middle of the easement (30 ft mark) instead of on the edge so the road is one-lane wide.
  5. #5
    BelizeBreeze is offline Senior Member
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    Then the OWNER of the property granting the easement needs to pull out their deed, find the legal description of the easement, march out there with a flashlight and measure the road at the center point and see if the ditch falls within the legal description of the easement.

    Also, the OWNER of the property granting the easement needs to research the exact wording of the easement grant and determine if it is for ingress/egress only or for utilities.

    Then, if the ditch falls within the easement, the OWNER of the property granting the easement can write a CERTIFIED (RRR) letter to the person obstructing the enjoyment of the easement and demand it be placed back to the condition it was before the tresspass.
  6. #6
    ali98584 is offline Junior Member
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    re Drainage ditch in easement problem

    Thanks for your help with this.

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