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Neighbors being pushy about easment

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Someguy

Junior Member
Hi, I know nothing about law and I'm a first-time home owner. We bought our place a year ago, we're in Central WA state. It has some interesting issues as it is an old orchard settlement. Basically it turns out that we own a road which 2 neighbors depend on. One needs it to get to his barn, which he has spent a lot of money on improving. The other needs it to get to a rental property and another barn where he keeps his orcharding equipment. The former neighbor has drawn up an easment which he insists we sign ASAP. I refused to sign because he didn't even give us a copy, but made dinner reservations with a notary to have us sign (Oh, by the way I made reservations for you guys to have dinner with us and sign the easement). I suspected alterior motives because we don't have any intentions of blocking his access. After he gave us a peice of his mind (he's pissed) he finally told us he's refinancing and to get credit for his barn he needs guaranteed legal access in writing. Basically the easment (he finally gave us a copy) he had drawn up makes the property(road) and a buffer of our bordering land his propertiy; i.e. we can't do anything with it he doesn't agree to, including landscaping.
The thing I don't like about it is it feels like we should be calling the shots - not him. It is our land. We don't really like this guy too much as he had guests rallying snowmobiles around on the road in question and on other neighbors property as if it were a freestyle course. We like peace and quiet. I don't really trust him, but don't want to start a war. The easement is two pages long and includes his right to improve the road, bring whatever utilities, prevent our landscaping etc. He's so insistent and treats us like idiots because we are young and inexperienced with this kind of thing, and it is this attitude that make me not trust him. It's a gravel road and I want to keep it that way.
Now the other neighbor is a different story, as far as we know we don't have any sort of easement with him, yet he could not earn a living farming without our road and another small section of our property which is in front of his barn which he uses to load fruit, and his workers sometimes park there on our property. This I don't like. Fruit harvest is just 1 week out of the year, but we have the workers parking there frequently. I feel that this guy should buy the road from us, or we should get something in return for putting up with all the activity. Considering the importance of the road I feel like we're getting taken atvantage of. I get the feeling that they have always done it this way so they just assume, yet they have never spoken with us.

Any suggestions on how to deal with this would be appreciated. In my mind all the first neighbor needs is a 1-paragraph document saying that we're not going to prevent him from using the road. Right-of-way as opposed to easment?

Thanks very much. Sorry so long.
 


HomeGuru

Senior Member
Someguy said:
Hi, I know nothing about law and I'm a first-time home owner. We bought our place a year ago, we're in Central WA state. It has some interesting issues as it is an old orchard settlement. Basically it turns out that we own a road which 2 neighbors depend on. One needs it to get to his barn, which he has spent a lot of money on improving. The other needs it to get to a rental property and another barn where he keeps his orcharding equipment. The former neighbor has drawn up an easment which he insists we sign ASAP. I refused to sign because he didn't even give us a copy, but made dinner reservations with a notary to have us sign (Oh, by the way I made reservations for you guys to have dinner with us and sign the easement). I suspected alterior motives because we don't have any intentions of blocking his access. After he gave us a peice of his mind (he's pissed) he finally told us he's refinancing and to get credit for his barn he needs guaranteed legal access in writing. Basically the easment (he finally gave us a copy) he had drawn up makes the property(road) and a buffer of our bordering land his propertiy; i.e. we can't do anything with it he doesn't agree to, including landscaping.
The thing I don't like about it is it feels like we should be calling the shots - not him. It is our land. We don't really like this guy too much as he had guests rallying snowmobiles around on the road in question and on other neighbors property as if it were a freestyle course. We like peace and quiet. I don't really trust him, but don't want to start a war. The easement is two pages long and includes his right to improve the road, bring whatever utilities, prevent our landscaping etc. He's so insistent and treats us like idiots because we are young and inexperienced with this kind of thing, and it is this attitude that make me not trust him. It's a gravel road and I want to keep it that way.
Now the other neighbor is a different story, as far as we know we don't have any sort of easement with him, yet he could not earn a living farming without our road and another small section of our property which is in front of his barn which he uses to load fruit, and his workers sometimes park there on our property. This I don't like. Fruit harvest is just 1 week out of the year, but we have the workers parking there frequently. I feel that this guy should buy the road from us, or we should get something in return for putting up with all the activity. Considering the importance of the road I feel like we're getting taken atvantage of. I get the feeling that they have always done it this way so they just assume, yet they have never spoken with us.

Any suggestions on how to deal with this would be appreciated. In my mind all the first neighbor needs is a 1-paragraph document saying that we're not going to prevent him from using the road. Right-of-way as opposed to easment?

Thanks very much. Sorry so long.
**A: even if you do not sign the easement agreement, your 2 neighbors may already have a prescriptive easement. Consult with a real estate attorney.
 

seniorjudge

Senior Member
Someguy said:
Hi, I know nothing about law and I'm a first-time home owner. We bought our place a year ago, we're in Central WA state. It has some interesting issues as it is an old orchard settlement. Basically it turns out that we own a road which 2 neighbors depend on. One needs it to get to his barn, which he has spent a lot of money on improving. The other needs it to get to a rental property and another barn where he keeps his orcharding equipment. The former neighbor has drawn up an easment which he insists we sign ASAP. I refused to sign because he didn't even give us a copy, but made dinner reservations with a notary to have us sign (Oh, by the way I made reservations for you guys to have dinner with us and sign the easement). I suspected alterior motives because we don't have any intentions of blocking his access. After he gave us a peice of his mind (he's pissed) he finally told us he's refinancing and to get credit for his barn he needs guaranteed legal access in writing. Basically the easment (he finally gave us a copy) he had drawn up makes the property(road) and a buffer of our bordering land his propertiy; i.e. we can't do anything with it he doesn't agree to, including landscaping.
The thing I don't like about it is it feels like we should be calling the shots - not him. It is our land. We don't really like this guy too much as he had guests rallying snowmobiles around on the road in question and on other neighbors property as if it were a freestyle course. We like peace and quiet. I don't really trust him, but don't want to start a war. The easement is two pages long and includes his right to improve the road, bring whatever utilities, prevent our landscaping etc. He's so insistent and treats us like idiots because we are young and inexperienced with this kind of thing, and it is this attitude that make me not trust him. It's a gravel road and I want to keep it that way.
Now the other neighbor is a different story, as far as we know we don't have any sort of easement with him, yet he could not earn a living farming without our road and another small section of our property which is in front of his barn which he uses to load fruit, and his workers sometimes park there on our property. This I don't like. Fruit harvest is just 1 week out of the year, but we have the workers parking there frequently. I feel that this guy should buy the road from us, or we should get something in return for putting up with all the activity. Considering the importance of the road I feel like we're getting taken atvantage of. I get the feeling that they have always done it this way so they just assume, yet they have never spoken with us.

Any suggestions on how to deal with this would be appreciated. In my mind all the first neighbor needs is a 1-paragraph document saying that we're not going to prevent him from using the road. Right-of-way as opposed to easment?

Thanks very much. Sorry so long.

Short answer: Tell both of these jokers that they should present a proposed easement to you plus $500 each for lawyer's fees to examine these proposed easements and advise y'all.

Otherwise, everything stays the way it is now.



One needs it to get to his barn, which he has spent a lot of money on improving.

Stop this right now...tell them that IF it needs improving, then YOU will tell them when and where and how much and etc.
 

HomeGuru

Senior Member
SJ, read the points. The writer bought the property a year ago and are first time homeowners. And it is an old orchard settlement etc.
*********



Someguy said:
Hi, I know nothing about law and I'm a first-time home owner. We bought our place a year ago, we're in Central WA state. It has some interesting issues as it is an old orchard settlement. Basically it turns out that we own a road which 2 neighbors depend on. One needs it to get to his barn, which he has spent a lot of money on improving. The other needs it to get to a rental property and another barn where he keeps his orcharding equipment.
 

HomeGuru

Senior Member
[QUOTE=Someguy
The former neighbor has drawn up an easment which he insists we sign ASAP.

**A: who is the former neighbor and why is he/she involved?
 

Someguy

Junior Member
HomeGuru said:
Someguy The former neighbor has drawn up an easment which he insists we sign ASAP. **A: who is the former neighbor and why is he/she involved?[/QUOTE said:
Bad wording, I meant the first neighbour I mentioned who's insisting on the easement, as opposed to the farmer.
 

seniorjudge

Senior Member
HomeGuru said:
**A: you're welcome and while you're at it serch the other types of easements also, as one or more may apply.
Yes, I know about these. However, somebody wants to expand the existing easements. Thus, my post....
 

HomeGuru

Senior Member
seniorjudge said:
Yes, I know about these. However, somebody wants to expand the existing easements. Thus, my post....

**A: so just because of an expansion you advise the writer to stop access?
That is simply incorrect advice.
 

seniorjudge

Senior Member
HomeGuru said:
**A: so just because of an expansion you advise the writer to stop access?
That is simply incorrect advice.
No, I never advised the writer to stop any access. The only thing I told writer was to stop letting someone else do the "improving" on the writer's land.
 

Ohiogal

Queen Bee
seniorjudge said:
No, I never advised the writer to stop any access. The only thing I told writer was to stop letting someone else do the "improving" on the writer's land.
The improving is to a barn on the other guys land -- he is improving his own land. Not the writers -- I think. :confused:
 

seniorjudge

Senior Member
Ohiogal said:
The improving is to a barn on the other guys land -- he is improving his own land. Not the writers -- I think. :confused:
You could be right:

Hi, I know nothing about law and I'm a first-time home owner. We bought our place a year ago, we're in Central WA state. It has some interesting issues as it is an old orchard settlement. Basically it turns out that we own a road which 2 neighbors depend on. One needs it to get to his barn, which he has spent a lot of money on improving.

Is the antecedent of it barn or road?
 

HomeGuru

Senior Member
Read your post:


seniorjudge said:
One needs it to get to his barn, which he has spent a lot of money on improving.

Stop this right now...tell them that IF it needs improving, then YOU will tell them when and where and how much and etc.
 

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