What is the name of your state? Washington State
My neighbor was granted an exclusive easement to access his dock that was mistakenly put on my waterfront from a bad survey. This was done after his unsuccessfully attempt to take it by adverse possession by a previous owner 10 years ago to uncloud the title.
When I moved in, he immediately posted "no treasspassing" signs and told me he took the land by adverse possesion. I looked into it and confronted him with the easement, and he told me it was exclusive, meaning I excluded from using it. So basically it was his property, and I would be trespassing it we used it (the land...not his dock/boathouse).
At this point at had no desire to fight with him, and since it was his access to the dock, I felt this was a fair compromise.
Since then he's been using other portions of my property for guest parking and blocking the driveway (which is a separate ingress/egress easment). I felt it was time to address both easment issues. He had a cow.
The easement states " hereby, the A***y's hereby convery to the H****an's a perpetual exclusive easement over and across that portion of their real property describe in Exhibit A".
I'm guessing I've got a pretty good claim to my property. I'd just like to use it for the same purposes that "we" all are using it for....access to the lake...and parking a extras car.
He's retained a lawyer, and at this point I'm mad. I'm going to try to void the easement for "lack of consideration". At the very least I want capitulation.
Am I wrong? Does he have the right to keep me off?
My neighbor was granted an exclusive easement to access his dock that was mistakenly put on my waterfront from a bad survey. This was done after his unsuccessfully attempt to take it by adverse possession by a previous owner 10 years ago to uncloud the title.
When I moved in, he immediately posted "no treasspassing" signs and told me he took the land by adverse possesion. I looked into it and confronted him with the easement, and he told me it was exclusive, meaning I excluded from using it. So basically it was his property, and I would be trespassing it we used it (the land...not his dock/boathouse).
At this point at had no desire to fight with him, and since it was his access to the dock, I felt this was a fair compromise.
Since then he's been using other portions of my property for guest parking and blocking the driveway (which is a separate ingress/egress easment). I felt it was time to address both easment issues. He had a cow.
The easement states " hereby, the A***y's hereby convery to the H****an's a perpetual exclusive easement over and across that portion of their real property describe in Exhibit A".
I'm guessing I've got a pretty good claim to my property. I'd just like to use it for the same purposes that "we" all are using it for....access to the lake...and parking a extras car.
He's retained a lawyer, and at this point I'm mad. I'm going to try to void the easement for "lack of consideration". At the very least I want capitulation.
Am I wrong? Does he have the right to keep me off?