Easement

[seadet]

Washington State

Can we be forced to give our neighbor easement access through our property when we don't even have legal access to our property because it is considered a "hazardous landslide area" His property borders the county road and he is taking us to court for access on our illegal driveway that was put in previous to our ownership.

 

[justalayman]

well, depending on the facts you presented: absolutely maybe.


Why is he seeking an easement across your property if he has highway access?

 

[HomeGuru]

well, depending on the facts you presented: absolutely maybe.


Why is he seeking an easement across your property if he has highway access?

**A: I read it to say neighbor does not have access from the highway but his property just borders the county road.

 

[justalayman]

if it borders the county road, why not apply for a permit to place a drive directly from the county road?

OP needs to give up some more info

 

[HomeGuru]

if it borders the county road, why not apply for a permit to place a drive directly from the county road?

OP needs to give up some more info

**A: I agree. Maybe the area from the county road to the neighbors property is a hill or stream.

 

[NC Aggie]

I'm assuming he's claiming easement of necessity and if all prerequistes are satisfied, your neighbor can absolutely force you to provide him with access. The issue with your driveway being considered a "hazardous landslide area" sounds like a seperate issue and even though your neighbor may be able to gain an easement, it sounds like other legal circumstances that may prevent either of you from using the driveway until it can be stabilized?