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Driveway access easement issue

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mandiann

Junior Member
What is the name of your state? Washington

My husband and I purchased a mobile home and land last year. The property is one of two that have an easement for access to 10ft of parcel A and 10ft of parcel B (20ft total width combined on a gravel road) Parcel C and our Parcel D both have driveways coming off this easement however Parcel C seems to have the lions share of the driveway. When we purchased the property there seemed to be no problem with this arrangement and Parcel C only had a fence seperating our backyards. our driveways were undivided sided by side. Shortly after moving in our next door neighbor (parcel C) let her dog out onto the easement and he immediately came running over onto our property and attacked my husband and step-son. The dog bit my husband several times and suceeded in getting one bite to go through his jeans injuring his knee. My husband was very upset and using profanity. I called the police to make a report. The city police did come out and investigate but said that the dog did not seem a danger and the neighbor apologized and stated that she would not let the dog out without a leash anymore and paid for the doctor's bill. Since that incident things have only gotten worse between us and the Parcel C neighbor. She would complain that we kept our two dogs on a lead instead of letting them roam free. Initially we chatted with this neighbor and allowed her to air her issues though we did not agree with them. This neighbor started leaving four and five page letters on our door when we were at work that she was going to call the humane society and that our dogs should not be chained. When the neighbor approached me and my stepson when we were getting out of our car and tried to give us a PETA phamplet I told her to leave us alone, stop leaving notes on our door, and to not come onto our property any longer. I also told her if she had issues with how we kept our animals she should contact the city or humane society. The neighbor continued coming onto our property to socialize with our dogs at least twice before the next incident. Two days later this neighbor put up a wire fence between the two driveways right down the property line restricting access to our property from Parcels A & B and the road to about four feet wide. I called the police because I could not get in or out of my driveway. The police officer said that he would talk with her but there was nothing much he could do. That night the neighbor came out and pulled the wire fence back. Since then she has posted a notice on our side of the fence that there is no easement on her property. She also has begun pushing the fence into our driveway along the length of it, which both my husband and I have witnessed. There are several scratches on our truck we suspect are made from contact with the wires. My husband and I know it is only a matter of time before she pushes the fence out again and blocks our driveway. I told her and the police officer before that I don't want this to be a dispute. I am chronically ill and my 7yr old son is disabled. I don't have the time or resources to just sue this neighbor and I believe she would just take up some other form of passive aggressive torture. What can I do to ensure I can get into my home? I am afraid if I have an emergency at home the aid unit or fire truck will not be able to reach us. Our deed states that we have acess to the front parcels A & B and our legal stance is her placement of the fence blocks our acess to that easement and is blocking an undocumented but grandfathered right of way. Where do we go to get this situation resolved?
 


lwpat

Senior Member
Your first step is to send her a letter CRRR telling her to stop restricing access to the easement and also that she is not to trespass on your property. Be sure you know exactly where the line is. If the fence is within the easement simply take it down and roll it up on her side of the line. If she continues you can file for damages in small claims court which will not require an attorney. Take pictures and your damages would be the labor to remove the fence. While this will be a small sum it will get her attention and before a court.
 

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