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Easment betweeen two Fences

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springdave

Junior Member
What is the name of your state? WA

We live in a PUD, the fence that surrounds the neighborhood is our North fence. Behind this fence is a huge field which is fenced. There is about 3 feet between our 7ft wooden fence and their broken down barbed wire fence.

Who owns the space between the two fences?
Is it considered an easement?

I was back there weed eating today (grass grows under my fence & ruins my garden) and moved huge irrigation pipes that haven't been used in over 10 years, to get all of the grass. At lunch time I went into feed the kids. I left my ladder on the side between the two fences so I could come finish the job & put back the pipes. The renter of the house that sits on the property (aways away), threw my ladder over to my side of the fence, breaking some garden items & then drove over to my house & yelled at me. The president of our homeowners association had told me that this area was an easement, but this guy was livid. How do I get proof of easement? If there isn't any, since there are two fences with space in between is it for both of us to use?
 


divgradcurl

Senior Member
Who owns the space between the two fences?
Youy would need to review the deeds for both properties to see where the property lines are.

Is it considered an easement?
If it is listed on a deed, it is an easement.

The president of our homeowners association had told me that this area was an easement, but this guy was livid. How do I get proof of easement? If there isn't any, since there are two fences with space in between is it for both of us to use?
See my first response. Even if this is an easement, the underlying land belongs to someone, and any easement will be recorded on the deed for the underlying property. Easements do not exist in isolation.
 

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