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Easement Rights

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jgwltd

Junior Member
What is the name of your state? Washington.

I purchased an undeveloped lot 18 months ago of which the prior owner had held ownership for the proceeding 17 years. In the prior owners purchase of the land he had obtained a 10-foot easement across the than seller’s lot on the eastern and down hill boundary for overhead and under ground utilities. The purpose I have been informed by my seller was to obtain a down hill sewer connection. These transactions were all recorded.

At the time of the prior land purchase a carport already encroached 5 foot on a portion of the easement area and still doses. The easement property now belongs to heirs of the original property seller. I am building a new house and want to connect to the down hill sewer line and there are many obstructions but the sewer connection is doable with some added difficulties. Also the heirs are suggesting they want to do new construction that will consumes more of the 10-foot easement. What are my rights and what am I obligated to replace in the way of destroyed/damaged plants or replacing a rock wall? Being a good neighbor is important to me. Thanks!
 
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BelizeBreeze

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

I purchased an undeveloped lot 18 months ago of which the prior owner had held ownership for the proceeding 17 years. In the prior owners purchase of the land he had obtained a 10-foot easement across the than seller’s lot on the eastern and down hill boundary for overhead and under ground utilities. The purpose I have been informed by my seller was to obtain a down hill sewer connection. These transactions were all recorded.

At the time of the prior land purchase a carport already encroached 5 foot on a portion of the easement area and still doses. The easement property now belongs to heirs of the original property seller. I am building a new house and want to connect to the down hill sewer line and there are many obstructions but the sewer connection is doable with some added difficulties. Also the heirs are suggesting they want to do new construction that will consumes more of the 10-foot easement. What are my rights and what am I obligated to replace in the way of destroyed/damaged plants or replacing a rock wall? Being a good neighbor is important to me. Thanks!
Tell them they have every right to do what they want with their land, but that if they build in the easement to such an extend that your rights to use said easement are obstructed, you'll be forced to sue them.
 

jgwltd

Junior Member
Replace trees/schrubs in easement area

Washington

I will be using a designated/recorded utility easement area within a neighbor’s yard. The purpose is to connect to the downhill sewer main line on the street below.

QUESTION: Some small trees or scrubs may have to be removed or they may become damaged. What is the extent of my obligation to replace any damaged vegetation within the easement area? Thanks!
 

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