Easement Survey Pins - Can I remove them

[oneblueaugust]

This is in Washington State - Unincorporated Kitsap County

My neighbor has a septic easement on my property. They had it surveyed, and put in some wooden stakes with pink tops. We left them in for a few weeks, then removed them when we went to mow our lawn. This easement is directly in the middle of my lawn, which is probably of note.

The other issue is that the easement is worthless, as the county won't allow a septic to be put there since there's no soil layer. He found that out after the survey, even though I told him that was the case before he started.

Anyway, my question is, was it ok for me to remove those stakes? They were in the way.

He's since turned hostile, and demanded that I replace the stakes, and cease the mowing of the property, even though there's nothing that can ever be put there per the County's decision. I'm wondering if he has the right to demand that, or if I can safely ignore him and continue to use my lawn.

 

[LdiJ]

This is in Washington State - Unincorporated Kitsap County

My neighbor has a septic easement on my property. They had it surveyed, and put in some wooden stakes with pink tops. We left them in for a few weeks, then removed them when we went to mow our lawn. This easement is directly in the middle of my lawn, which is probably of note.

The other issue is that the easement is worthless, as the county won't allow a septic to be put there since there's no soil layer. He found that out after the survey, even though I told him that was the case before he started.

Anyway, my question is, was it ok for me to remove those stakes? They were in the way.

He's since turned hostile, and demanded that I replace the stakes, and cease the mowing of the property, even though there's nothing that can ever be put there per the County's decision. I'm wondering if he has the right to demand that, or if I can safely ignore him and continue to use my lawn.

You can safely ignore him as far as the mowing and use of the lawn is concerned. Its still your property, all he has is an easement for a septic system that cannot be put in. He has no other rights to the land.

However, you probably shouldn't have taken the survey stakes out. In your way or not, you should not have removed them.

 

[oneblueaugust]

Just to be clear, these were wooden stakes. My understanding was that those were supposed to be temporary. I have small kids and animals, even if I hadn't removed them they were surely going to get taken down at some point. Or am I way off base?

Just wanted to be 100% clear, because I know you can't move metal survey pins.

If I didn't have any right to move the wooden stakes, can he sue me? This guy is acting pretty unhinged, texting my wife and I some vaguely threatening stuff along with a bunch of word salad, and I'm just trying to see if I may have a court issue on my hands.

Oh, I forgot to mention, this was over six months ago. The survey was done in July. Could he really expect for them to remain there that long?

 

[LdiJ]

Just to be clear, these were wooden stakes. My understanding was that those were supposed to be temporary. I have small kids and animals, even if I hadn't removed them they were surely going to get taken down at some point. Or am I way off base?

Just wanted to be 100% clear, because I know you can't move metal survey pins.

If I didn't have any right to move the wooden stakes, can he sue me? This guy is acting pretty unhinged, texting my wife and I some vaguely threatening stuff along with a bunch of word salad, and I'm just trying to see if I may have a court issue on my hands.

Oh, I forgot to mention, this was over six months ago. The survey was done in July. Could he really expect for them to remain there that long?

Anybody can sue anybody for anything. For him to be able to successfully sue you he would have to be able to prove damages. The one area I can think of is if he is appealing the suitability of the area for a septic system, and the fact that you removed the pins, puts the area in doubt, then he might have to have it surveyed again, and therefore would have damages in the amount of the cost of the second survey. Surveys are not cheap.

 

[justalayman]

The wooden stakes are temporary. There is no basis for leaving them in. If you could find some way to mark their location without it remaining a safety hazard it may help calm the neighbor.

Do remember this is your property. His only allowed use is for a septic system. He has no right of entry onto your property for any other reason. If the land is not being used as a field location and he is not actively installing a field, kindly tell him it is your property and he needs to stay off your property.

Also realize that nothing in the world stops him from actually filing a suit which you would have to defend. It's much better to make some peace, even if a strained peace, outside of the courtroom.

 

[LdiJ]

The wooden stakes are temporary. There is no basis for leaving them in. If you could find some way to mark their location without it remaining a safety hazard it may help calm the neighbor.

Do remember this is your property. His only allowed use is for a septic system. He has no right of entry onto your property for any other reason. If the land is not being used as a field location and he is not actively installing a field, kindly tell him it is your property and he needs to stay off your property.

Also realize that nothing in the world stops him from actually filing a suit which you would have to defend. It's much better to make some peace, even if a strained peace, outside of the courtroom.

Maybe...I can think of all kinds of scenarios where making peace just for the sake of peace would not be a good idea at all.

 

[justalayman]

Maybe...I can think of all kinds of scenarios where making peace just for the sake of peace would not be a good idea at all.

Well, they can spend thousands of dollars on a court battle and still not have any peace. A court can't require the like each other, be civil to each other, or even make them comply with a court's order if they choose not to. In the end, it is much better to come to some understanding acceptable to both of them.

 

[oneblueaugust]

Anybody can sue anybody for anything. For him to be able to successfully sue you he would have to be able to prove damages. The one area I can think of is if he is appealing the suitability of the area for a septic system, and the fact that you removed the pins, puts the area in doubt, then he might have to have it surveyed again, and therefore would have damages in the amount of the cost of the second survey. Surveys are not cheap.

The county had already come back with their decision when we moved the stakes (it was almost immediate, and it took weeks for me to move them as I was travelling a lot and wasn't mowing often), so I should be safe on that point, right?

 

[oneblueaugust]

Sorry, I just reread what you wrote. I understand now.

Thing is, the septic easement has already been deemed unusable by the County three times (counting the last time). People keep buying this piece of property from auctions, then finding out that their easement is no good. It's been an ongoing thing that I've told every new buyer about, but some of them just refuse to believe me and have it surveyed. Would that factor in at all? I mean, it's pretty well established that Kitsap's not going to let anyone put a septic on that spot.

As far as making peace, I'm not one to get into a big pissing match with someone. I inquired about this because of the odd demand that I not mow my own property anymore, and thinly veiled threats that I was about to be sued because the wooden stakes are no longer on the property (again, after half a year has passed). I'm just wanting to know where I stand in case he really does something, I have no intentions of taking it any further.

I did reply to his last text and told him that I am forbidding him entrance to my property for any reason other than those specifically listed in his easement (Septic installation or maintenance). I told him that I just wanted to officially establish my stance on this issue, on the off chance that he's serious about his threat to get his attorney involved. Hopefully that will be the end of it. He's not a real actual neighbor (he actually lives states away) and the land that the septic easement is tied to is completely undeveloped, so I don't think it's likely he'll be coming by anyway.

 

[FarmerJ]

Was the easement granted to that adjacent lot by you or someone else who owned your property before you ? the reason I am asking is ive been wondering if you could successfully get the easement voided since it cannot be used for what it was intended for due to county regulations ?

 

[oneblueaugust]

I believe it was put there when the lots were originally divided up. This land was originally one big parcel, and then they split it up into 4 around 8 years ago. The other three are currently vacant, undeveloped lots. I'm the only one that actually lives here.

To be more succinct, I did not grant the easement, it was done by a previous owner.

I didn't know that an easement could be voided. That would actually be a really nice and simple way of solving my current problem, as well as the inevitable problems of the future when this exact scenario comes up again. Can you point me in the right direction insofar as inquiring about that? Do I just contact the County?

 

[FarmerJ]

I don't know for sure but I would bet your shot would be to contact a real estate attorney and arrange for a consultation only because you would want to make sure that if this easement can be undone then you want to make sure that it cant come back to haunt you other wise Id suggest you might want to prepare a letter ( make copies ) that says who you are and mentions this easement and in the same letter mention that the county will not allow a septic system to be placed in the easement area so there no longer is any reason to enter your property for the original purpose the easement was intended for. signed dated address etc sent via certified mail. ( I am curious though , will your county allow that adjacent lot owner to install just a holding tank that would have to be pumped as soon as its signal said it was almost full ? )

 

[NC Aggie]

Well first, let me address the issue you raised concerning the temporary surveying stakes....they're "temporary" stakes being set on YOUR property and you have the right to remove them if they impede you from lawn maintenance or after a "reasonable" amount of time. Now reasonable is subjective, which means you can technically remove them the moment the surveyor leaves the site. What you can't remove are permanent surveying monuments or (without prior approval) temporary surveying stakes on someone else's property, in the public right of way or a utility right of way. In my opinion, there's no recourse whatsoever that can be taken if you elect to remove temporary stakes after the surveyor has left the site. However, as a matter of courtesy, I would expect to be notified if and the purpose of the staking and then allow them to remain for as long as the purpose was needed. If I'm not notified, then I wouldn't have a problem removing them after 48 hours.

As far as abandoning a recorded easement, I don't think you would be able to unilaterally terminate a recorded easement, regardless if it's not currently in use or can't be used for the purpose originally intended. Only the dominant tenement (person having rights to the easement) can abandon the easement.