• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Obstruction to Easement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

U

unicorn77

Guest
What is the name of your state?What is the name of your state?What is the name of your state? Washington State
I have a 3 ft easement over my neighbor's property for the purpose of driveway access to my garage. The easement was granted a long time ago and was recorded. I also had a survey done recently to mark the easement.
Currently my neighbor has his retaining wall, part of his yard, and a curb on the easement, making the driveway too narrow for me to safely access my garage.
My neighbor indicated that since he has no use of the easement, he doesn't want to pay to remove the obstacles on the easement. He said it would be my responsibility and expense to remove them. Does he has a legal obligation to remove the obstacles so as not to hinder my use of the easement? Can I force him to remove them at his expense?
Thanks in advance for answering.
 


H

HomeGuru

Senior Member
unicorn77 said:
What is the name of your state?What is the name of your state?What is the name of your state? Washington State
I have a 3 ft easement over my neighbor's property for the purpose of driveway access to my garage. The easement was granted a long time ago and was recorded. I also had a survey done recently to mark the easement.
Currently my neighbor has his retaining wall, part of his yard, and a curb on the easement, making the driveway too narrow for me to safely access my garage.
My neighbor indicated that since he has no use of the easement, he doesn't want to pay to remove the obstacles on the easement. He said it would be my responsibility and expense to remove them. Does he has a legal obligation to remove the obstacles so as not to hinder my use of the easement? Can I force him to remove them at his expense?
Thanks in advance for answering.
Click to expand...
**A: why is it only now you are bringing this up? Have you not been using your driveway to access your garage? Your neighbor is wrong since the easement is in your favor and not his.
 
U

unicorn77

Guest
I have since consulted an attorney. The attorney advised that since the neighbor has agreed that the easement exists, it will cost me less to pay for removing the obstacles myself than to sue the neighbor. I finally told my neighbor that I would pay to remove the obstacles on the easement. Today, my neighbor told me that it would also be my responsibiliy to pay for putting up a new retaining wall on his side of the property (not on the easement). My neighbor's 3 ft wood retaining wall currently on the easement is rotting and will come down soon. He has previously indicated that he would replace the retaining wall. I have already paid for the survey and now to pay for removing the obstacles on the easement. I feel my neighbor is taking advantage of me by making me pay for his new retaining wall to retain his yard. My questions are:
(1) Am I financially responsible for putting up a retaining wall on my neighbor's property? I don't even think I have a right to erect any structure on someone else property.
(2) If none of us do anything now and if the current wood retaining wall on the easement falls and damages my property or injure me. Is my neighbor liable for the damages?
 
H

HomeGuru

Senior Member
unicorn77 said:
I have since consulted an attorney. The attorney advised that since the neighbor has agreed that the easement exists, it will cost me less to pay for removing the obstacles myself than to sue the neighbor. I finally told my neighbor that I would pay to remove the obstacles on the easement. Today, my neighbor told me that it would also be my responsibiliy to pay for putting up a new retaining wall on his side of the property (not on the easement). My neighbor's 3 ft wood retaining wall currently on the easement is rotting and will come down soon. He has previously indicated that he would replace the retaining wall. I have already paid for the survey and now to pay for removing the obstacles on the easement. I feel my neighbor is taking advantage of me by making me pay for his new retaining wall to retain his yard. My questions are:
(1) Am I financially responsible for putting up a retaining wall on my neighbor's property? I don't even think I have a right to erect any structure on someone else property.

**A: no and correct.
********
(2) If none of us do anything now and if the current wood retaining wall on the easement falls and damages my property or injure me. Is my neighbor liable for the damages?
Click to expand...
**A: yes and no. If the easement is on your property, you as the landowner may be liable but read the easement agreement.
 
U

unicorn77

Guest
HomeGuru said:
**A: yes and no. If the easement is on your property, you as the landowner may be liable but read the easement agreement.
Click to expand...
The recorded easement said "That so & so being the owners of Lot 7 (my neighbor's property) do hereby grant an easement for driveway purposes over and upon and across the west 3 ft of Lot 7 for the use and benefit of the present and all future owners of Lot 6 (my property); appurtenant to said Lot 6. The easement was granted a long time ago and not by my neighbor.

This seems to indicate that the easement is on my neighbor's property and he is the landowner and I was given the rights to travel upon the easement for driveway purposes to access my garage. So would the answer be "Yes", my neighbor will be liable if the retaining wall on the easement falls and damages my property or injures me ??
 
H

HomeGuru

Senior Member
unicorn77 said:
The recorded easement said "That so & so being the owners of Lot 7 (my neighbor's property) do hereby grant an easement for driveway purposes over and upon and across the west 3 ft of Lot 7 for the use and benefit of the present and all future owners of Lot 6 (my property); appurtenant to said Lot 6. The easement was granted a long time ago and not by my neighbor.

This seems to indicate that the easement is on my neighbor's property and he is the landowner and I was given the rights to travel upon the easement for driveway purposes to access my garage. So would the answer be "Yes", my neighbor will be liable if the retaining wall on the easement falls and damages my property or injures me ??
Click to expand...
**A: WHAT? Why are you asking?
 
U

unicorn77

Guest
HomeGuru said:
**A: WHAT? Why are you asking?
Click to expand...
Sorry, I was not very clear on my question. You previously told me to read the easement to find out who is the landowner of the easement. The easement indicates that my neighbor is the landowner and I was granted the right to travel across the easement for driveway purposes.
My question is:
Since my neighbor is the landowner of the easement, if the rotting retaining wall and poles currently on the easement falls and damages my property, will my neigbor be liable for the damages?
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top