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This dang easement

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Gentleben

Guest
Washington State
13 years ago an easement was given to my neighbor for 5 feet, running front to back between our properties (117ft) for a "garden, a pathway, and a fence". our backyard fence was moved to accomodate it. Since he moved in (11 years) the neighbor has done nothing with the property. There's no garden, pathway or fence, just overgrown grass/weeds. We have maintained part of the easement because it is in our sideyard and it looked awful. Recently, the neighbor's freind had an easement survey. The surveyor staked the front corner of the easement and the back corner behind the fence. I put up a cyclone fence along the sideyard. Today the freind came out and told me that the fence is over the property line and that the concrete poured to set posts should be inside of the line and I have to move the fence.
Even if it is true I don't have the energy to move it (I dug these holes by hand while he stood there. ) What can I do and what can they do and what should I do?
 


FarmerJ

Senior Member
Was the person who did this for the neighbor a Lic /Prof surveyor ? Perhaps you need to hire a surveyor and find out for your self .
 
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Gentleben

Guest
Thanks Farmer J, yes they were a surveyor but they weren't really accurate. Where are fence is he held up his thumb and finger and said "oh, its about this much over on this side and about this much under on the other end". (Somewhere between 1/2 inch and 2 inches I guess) Then he posted two stakes about 117 feet apart with shrubery, a fence and trees between them. Even if my underground fencepost concrete is over the boundary line by four inches, do I have to move it? If I don't, what is the legal process that they must go through to make me move it?
Since the Easement has been trashed for 11 years can I take any legal action to take it back or make them clean it up- it is supposed to be for "a garden, a pathway and a fence" None of which they've ever done.
Thanks in advance-
 

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