Where do I find the information?

[Johnson]

I have hit enough brick walls. I am desperately trying to research information on property easements. Please do not tell me to do a search of this BB. I have and there is nothing here I can use. I cannot seem to find out where I locate information in regards to the particular types of easements...ie: What is a prescriptive easement and it's requirements, what is a constructive easement and it's requirements? What are all the other easements and their requirements? How are easements procured? Do we petition for one or does the owner of the property say "ok, I'll give you one."? I have called about 50 telephone numbers and have yet to be given the title of a book or organization or office that is able and/or willing to give me this information. I can research my own problem if I know where to look. Hire a Real Estate Attorney...? I did, and he's about as useless as tits on a worthog. Can someone, please direct me. Our property parcel is to small to hold a septic drainfield by King County Washington codes and the neighbor who holds it on her property is demanding we remove it from where it has been for 48 years. There has to be a grandfather clause available or an easement I can use to save my yard and my home. Without the drainfield, my home is uninhabitable and we could be required to vacate the property. Wouldn't that be nice? All our savings gone to buy this place. The fact that our property was too small to comply with OSS codes was never disclosed to us during the purchase of this property. Who is liable for withholding this information from us? Johnson

 

[Tracey]

In Washington, the seller must disclose any known encroachments. I don't do much real estate law, so I can't recall if S is required to know about all encroachments or not. If the 2 properties were 1 parcel when the tank was installed, then were subdivided/short-platted, I believe there is an 'easement by necessity' implied by law. Maybe it's an 'implied easement'.

Since you don't like your attorney, fire him & get another. Be sure to demand your file & a refund of any unused retainer. Email me & I can ask around & see if any of my colleagues know of a useful attorney.

Tracey
[email protected]

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.