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Neighbor with private use easement is moving

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J

jdarrow

Guest
What is the name of your state? Washington

I have a neighbor who has a much older house whose yard goes 10 feet onto my property due to historical mismeasurement. He has an easement on my property for sole and private use of that space, even though it's not for access or utilties, just his yard.

He is now moving, and I'm wondering if that gives me an opportunity to void the easement and push the fence back to the real property boundary. Of course he wouldn't want that because it shrinks the yard and lessons his sale price, but it's my land right?

My three questions are:

1) Is an easement for "sole and private use" like this valid? Can it be challenged?

2) Does him selling the property open up a window wherein it's easier to do something about it?

3) How would I go about getting an easement voided. Do I need a lawyer or is the process more simple?

thanks much.
 


HomeGuru

Senior Member
jdarrow said:
What is the name of your state? Washington

I have a neighbor who has a much older house whose yard goes 10 feet onto my property due to historical mismeasurement. He has an easement on my property for sole and private use of that space, even though it's not for access or utilties, just his yard.

He is now moving, and I'm wondering if that gives me an opportunity to void the easement and push the fence back to the real property boundary. Of course he wouldn't want that because it shrinks the yard and lessons his sale price, but it's my land right?

My three questions are:

1) Is an easement for "sole and private use" like this valid? Can it be challenged?

2) Does him selling the property open up a window wherein it's easier to do something about it?

3) How would I go about getting an easement voided. Do I need a lawyer or is the process more simple?

thanks much.
**A: to answer #'s 1, 2 and 3, you must first read the recorded easement agreement. It is my opinion that you have no recourse.
 

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