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Neighbor wants us to change shared driveway

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kay8088

Junior Member
What is the name of your state (only U.S. law)? WA

We are second house of three off main paved road in a rural area. There is a dirt and gravel driveway that goes from paved road and all three houses have their own driveways off that dirt and gravel driveway. We take turns snow plowing it, etc. On the other side of driveway is a pear orchard.

The neighbor in last house showed us deeds yesterday that we are using area of driveway for landscaping that is actually for the county and he wants us to widen our dirt and gravel driveway so two cars can pass!

You would have to know how crazy that is, its just us and him, the odds of us leaving or coming at same time happen rarely....what the real problem is, is he hates the water from orchard getting dirt on his car so he wants to go 5 feet into our side so he is far enough away not to have to drive near water!

We have had one lane driveway like this for 9 years! I am not sure legally he can make us, only the county can who owns the easement. My husband told him when county tells him they need the space he will change then. This guy has a drinking problem, but they are from here and have lots of good ole boy friends and I am afraid he will stir up trouble. He is retired with nothing to do but that!

We don't have the money to do anything, in fact since property taxes have gone up and we just had to fix well and other issues we are broke! We are thinking of selling in a few years anyway and wish we could go now!

What happened was the owner of orchard wanted some money so cut down 3 acres and sold them as one acre dirt lots and we all bought one and built homes on them in last ten years. The neighbor in question built first 10 years ago, ours was done 8 years ago but we lived in our motorhome while home was being built on property so we have been here almost 9 years. The house in front was done about 6 years ago. We bought the land in 2003.

I had no idea that our property line was 5 feet back from where driveway is now. My husband told me he knew but thought it wasn't a problem and would take out landscaping in front if county ever wanted to put in a real road. The only other people who use our driveway is the guys who work in the orchards sometimes will drive trucks on it and park in dirt by the trees.

Why do people have to start problems like this??
 


justalayman

Senior Member
My husband told me he knew but thought it wasn't a problem and would take out landscaping in front if county ever wanted to put in a real road.
the county will take care of the landscaping being in the way if they want to put in an actual road.


are you certain the county owns the easement though? It sounds a bit odd to have granted the county an easement, especially in the situation you describe.
 

kay8088

Junior Member
They said the driveway is supposed to be 30 feet from the trees and I guess it is less than that. So who gets involved then? the orchard people or us? I will have to check the deed to our land.
 

justalayman

Senior Member
first, make certain who the dominant tenant of the easement is (that is the people that own the easement (the parties given the right to drive on another's land)) and who the servient tenant is (that is the party that actually owns the dirt the easement crosses).


depending on the answers to that, you may have a right to do absolutely nothing here or you may have a right to do something, including telling the neighbor to go away. Even if you are the dominant tenants and the orchard owner the servient tenant, you are not required to expand the drive.



along with checking on the info above, look for any obligations or rights specified regarding the easement (if you are in fact dominant tenants like I suspect).
 

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