Problem with neighbor regarding easement

[renate]

What is the name of your state (only U.S. law)? Washington State

I purchased two 5 acre parcels that are landlocked without the recorded 30' easement over my neighbor's property. There is no problem until I get to the last 200+/- feet where the easement road goes down a hill with the neighbor's fence on the right (fencing in his horses) The easement road I can currently use is only about 10 feet wide with the remaining 20 feet on the other side of the fence where the horses are. The previous property owner moved away in the late 90s and took his double wide manufactured home with him and nobody has lived there since. I want to build next year and I am wondering if adverse possession applies to recorded access easements? Eventhough I do have access to my property, 10' is not wide enough when I actually live there, especially since the easement serves two 5 acre properties and the second property will also be build on in the near future. We had a culvert delivery just recently and the large truck barely made it down the narrow road. The 30' easement clearly shows up on the plat maps and I am wondering if the only recourse I have is to take the neighbor to court?What is the name of your state (only U.S. law)?

 

[HuAi]

First you could collects your documents that show the location of the easement, and ask your neighbor nicely if he would be willing to move the fence voluntarily.

 

[Dave Stevens]

When the property is an easement, the method of adverse acquisition is called "right by prescription." And to answer your question, yes, it may apply in this case and it could be a problem for you. Hopefully you don't have to go to court, but that would be a last resort remedy. The suggestion by HuAI is probably where you should start since its the cheapest and the least antagonistic. Have you tried talking to your neighbors? Could they not be aware of the problem? If your neighbors are like mine (worst case scenario) they think the easement is their land and they should be able to do whatever they want with it and they won't care what the law or you say.

Do you know how long the fence has been there? I don't know the statutes in Washington, but in California it only takes 5 years before land that is used can be claimed by prescription. Also, in order for your neighbor to make that claim the use must be "hostile", which means if he had permission from the previous owner, he can't claim a right to it. If he only started doing this after the previous owner left the area, then you could make the argument that it couldn't be hostile since the previous owner didn't even know about it. Of course your neighbor could argue the opposite, that it had to be hostile since he didn't get permission. Anyway, its a scenario that might play out in court, so you want to avoid it probably.

Is the neighbor who is using the easment the owner of the land that contains the easement? In other words, does the easement go over his land? If so, I don't think the owner can steal an easement back. I could be wrong about that, but it makes no sense if you think about it.

I would:
A. try to talk to him; if that doesn't work
B. Send a nice friendly letter, if that doesnt work
C. Have a lawyer send a mean letter, and if that doesnt work
D. Court, if you have a case.