Easement concern

[somajr]

What is the name of your state? WA

I have read many of the easement posts here. On my property there is an easement from point A to point B for what would otherwise be landlocked owners. I have a neighbor off the end of my property that cut a driveway onto the easement.....what would be maybe point C. I have shown him that he has no right to use the driveway without permission (very beat up subject here. With the predictable responses.

My easement makes a specific statement that "there are to be no regulated activities within the 20' boundry of the easement points A to B."

The only way that I see that I can stop this offender is to put up a fence to block him out. It is my position that a say 3' fence isn't a "regulated activity" since it doesn't require a permit. This fence would only parallel the drive from Point A to B and not in any way interfere with the Legit users.

Any thoughts as to whether or not this would be acceptable?

 

[BelizeBreeze]

Any thoughts as to whether or not this would be acceptable?

Not without reading the exact wording of the easement agreement.

 

[somajr]

Thank you for your reply but I did state the relavant sentance in the easement. It simply states that the easement is for lots 2, 3, & 4. My lot is lot #2. The property owner that is the "problem" is an adjoining property owner that isn't part of the development" It also states that there "are to be no regulated activities within the easement boundry" That is all it says. I take this to mean that I can't put up an 8' fence which would require a permit. I read an earlier thread that seemed to indicate that you could even put a fence across the easement as long as you gave the proper people access such as a key or an opener. This isn't what I am trying to do. I am wanting to put up a short fence paralleling the easement, on the property line. This would stop the adjoining property owner which according to the easement.....has no legal access to my property.

Thanks

 

[BelizeBreeze]

The 'relevant portion' and the entire easement agreement are NOT the same. And I will not give you an opinion based on only a relevant portion.

Either come back here and post the entire easement agreement or look up 'Easement by Necesity'.

 

[somajr]

Thanks for your attention to detail. I have read through it one more time. It reads as follows

On the short plat there is a note that states; 20' wide joint driveway and utility easement for lots 2, 3 & 4 (see note 9)

Note # 9 reads; twenty foot joint driveway & utility easement to include waterline if necessary.

note 5) states Only lots 2, 3 and 4 may access the joint driveway.

I am lot #2. this other guy isn't part of the developement. What I kept saying about the relavent part was that there is another note that states;

7) No "regulated activities" as defined in the wetland protection ordinance(clark county code chapter 13.36) shall occur outside of the developement envelopes shown on the face of this plat without prior approval of the county planning director.

Now I have read 13.36. It semms to only refer to an area on my property that is designated as a wetland and not this road so I don't think that applies at all. IMO the only people that might have an issue with me putting up a fence would be the owners of lots # 3, 4. After talking with an attorney, it seems that they could have a claim that I encroached 6" onto their easement. He said it would seem reasonable that I could offer to extend their use out another 6" on the opposite side. It would really boil down to....do they want to help their buddy or do they care to get involved because for practical reasons it shouldn't matter to them. Today I am renting a bobcat to clear out berries to make sure that my fence won't effect their use and enjoyment of the easement.

That is all there is nothing more

 

[somajr]

Problem solved! The other day I put up a string line to mark what would be the fence line. After he smashed it, I called the police. This morning he came and apologized. So I took it down and as far as I am concerned, that is the end of it.