What is the name of your state? WA
We bought a piece of property with an older (1915) home on it, one lot up from the waterfront. There is a 30' road easement that runs from the neighbor above me across his land, and across my land, for access to the waterfront home. The road is on the North end of both properties and is approx 12' wide.
When we moved in , the neighbor above us had built a fence in the road easement (approx. 15+ feet into it on the grass side), and the waterfront owner had tried to get him to move it out of the easement so it was on his property and not on the mutual easement for the road. The owner above us never moved it because the waterfront property was sold shortly after we moved in.
Since then, the upper neighbor had a boundary dispute with another neighbor and had his property surveyed. Lo and behold, the survey also revealed that 1/2 of his fence that he built between us is on our property. He told us that his dispute is not with us, and that he could do a boudary line adjustment down the line for the fencing, but he would like for us to agree to get the 30' easement dropped down to a 20' easement, and then he wants to build a shop right next to our house at the new corner established point.
He is the only neighbor (out of 6) that has built a fence , the rest of us have open yards so everyone can enjoy the openess of the lay of the land.
After this info, we would like to keep the 30' easement, have him remove his fence back out off the road easement, and move his fence that is between us back off our property.
Do we have the legal right to ask him to move his fences?
Thank you,
David , Debi and Christopher
We bought a piece of property with an older (1915) home on it, one lot up from the waterfront. There is a 30' road easement that runs from the neighbor above me across his land, and across my land, for access to the waterfront home. The road is on the North end of both properties and is approx 12' wide.
When we moved in , the neighbor above us had built a fence in the road easement (approx. 15+ feet into it on the grass side), and the waterfront owner had tried to get him to move it out of the easement so it was on his property and not on the mutual easement for the road. The owner above us never moved it because the waterfront property was sold shortly after we moved in.
Since then, the upper neighbor had a boundary dispute with another neighbor and had his property surveyed. Lo and behold, the survey also revealed that 1/2 of his fence that he built between us is on our property. He told us that his dispute is not with us, and that he could do a boudary line adjustment down the line for the fencing, but he would like for us to agree to get the 30' easement dropped down to a 20' easement, and then he wants to build a shop right next to our house at the new corner established point.
He is the only neighbor (out of 6) that has built a fence , the rest of us have open yards so everyone can enjoy the openess of the lay of the land.
After this info, we would like to keep the 30' easement, have him remove his fence back out off the road easement, and move his fence that is between us back off our property.
Do we have the legal right to ask him to move his fences?
Thank you,
David , Debi and Christopher
