law carpenter
Junior Member
What is the name of your state?What is the name of your state? Washington
We purchased a century old waterfront home almost two years ago. Recently the neighbor who owns the lot inland of us has threatened to block our driveway, harassed our visitors, frivolously reported us to various state agencies (ie: Fire Dept, Building Dept, etc.), erected gates, placed named road signs, and has hired a lawyer to request we sign easement papers.
According to our title report we hold a very old easement to the common road that passes through the county lot line adjoining his property, our property, and perhaps 15 other properties to the county highway. His home is of new construction and apparently does not hold this easement, as it was deeded almost a century ago. Our driveway was constructed at some time during the forties, when all properties involved were one tax parcel, and is our only means of ingress - egress. When constructed, a portion of the driveway (switchback) crossed onto the next lot. Our neighbor purchased the lot a number of years ago and has apparently been trying to gain easement to our driveway through previous owners of our property. Now he is trying it on us.
Many of our neighboring waterfront lots do not have direct access to the water as it is very steep and the houses primarily look over a bluff. The same holds true for our neighbors' lot, as we have also been asked by a number of the neighboring lots for access through our driveway. I have suggested stair cases be built for them, yet that option is quite expensive and few have taken that option.
Concerning our Angry neighbor, after his threats, to be nice I had offered that he walk down if he cared to, but that the wear and tear on the driveway is too much for his cars, and that I prefer he not drive down to our house.
Still, our Angry neighbor claims that he and his family had used the driveway to access our property and hold small parties while the previous owners of my property were away (both houses had been vacation homes, while we live here annually.) Additionally, there is a pile of rocks at the end of our bulkhead, which he claims is on his property. His claim states that he wishes to seek access to the pile of rocks. Most likely to stand on and not fall in the water. hmm...
The driveway has been solely built and maintained by ourselves or previous owners of our property as the only means of ingress - egress to our property. The sum of money over the years has been quite substantial.
Apparently, previous owners have simply ignored him.
What should we do?
My questions:
1. If indeed our driveway does touch on the neighbors lot, and our driveway is not recorded as having easement, do we hold granted necessary and/or prescriptive easement?
2. If our Angry neighbor is in violation of the common easement held by all properties using the common road, can he be forced to remove obstructions (as noted in our easement)? ie: gate, large rocks, etc.
3. Is adverse possession of the questionable corner (switchback) a necessary possibility? The pile of rocks?
4. Can he truly block our access and have us remove any improvements done to his property over the years (ie the switchback corner), as stated in his lawyers letters?
5. What other legal action can he bring against me?
6. If he does block access (with some big rocks or a bulldozer or something), should we call the sheriff? If so, do we approach the sheriff with our ancient legal documents?
Any advice would be greatly appreciated!
law carpenter
We purchased a century old waterfront home almost two years ago. Recently the neighbor who owns the lot inland of us has threatened to block our driveway, harassed our visitors, frivolously reported us to various state agencies (ie: Fire Dept, Building Dept, etc.), erected gates, placed named road signs, and has hired a lawyer to request we sign easement papers.
According to our title report we hold a very old easement to the common road that passes through the county lot line adjoining his property, our property, and perhaps 15 other properties to the county highway. His home is of new construction and apparently does not hold this easement, as it was deeded almost a century ago. Our driveway was constructed at some time during the forties, when all properties involved were one tax parcel, and is our only means of ingress - egress. When constructed, a portion of the driveway (switchback) crossed onto the next lot. Our neighbor purchased the lot a number of years ago and has apparently been trying to gain easement to our driveway through previous owners of our property. Now he is trying it on us.
Many of our neighboring waterfront lots do not have direct access to the water as it is very steep and the houses primarily look over a bluff. The same holds true for our neighbors' lot, as we have also been asked by a number of the neighboring lots for access through our driveway. I have suggested stair cases be built for them, yet that option is quite expensive and few have taken that option.
Concerning our Angry neighbor, after his threats, to be nice I had offered that he walk down if he cared to, but that the wear and tear on the driveway is too much for his cars, and that I prefer he not drive down to our house.
Still, our Angry neighbor claims that he and his family had used the driveway to access our property and hold small parties while the previous owners of my property were away (both houses had been vacation homes, while we live here annually.) Additionally, there is a pile of rocks at the end of our bulkhead, which he claims is on his property. His claim states that he wishes to seek access to the pile of rocks. Most likely to stand on and not fall in the water. hmm...
The driveway has been solely built and maintained by ourselves or previous owners of our property as the only means of ingress - egress to our property. The sum of money over the years has been quite substantial.
Apparently, previous owners have simply ignored him.
What should we do?
My questions:
1. If indeed our driveway does touch on the neighbors lot, and our driveway is not recorded as having easement, do we hold granted necessary and/or prescriptive easement?
2. If our Angry neighbor is in violation of the common easement held by all properties using the common road, can he be forced to remove obstructions (as noted in our easement)? ie: gate, large rocks, etc.
3. Is adverse possession of the questionable corner (switchback) a necessary possibility? The pile of rocks?
4. Can he truly block our access and have us remove any improvements done to his property over the years (ie the switchback corner), as stated in his lawyers letters?
5. What other legal action can he bring against me?
6. If he does block access (with some big rocks or a bulldozer or something), should we call the sheriff? If so, do we approach the sheriff with our ancient legal documents?
Any advice would be greatly appreciated!
law carpenter