Easement question

[Cormastar]

What is the name of your state? Washington
Hi,
My wife and I recently purchased some undeveloped property from family. We had been told where the easement is which crosses over our neighbors property to their driveway which access the highway. We had a title report done which confirmed it and then to the county who also confirmed it and gave us an address. Upon finding out the neighbors told the county they refuse to grant us access to the easement and have kept it locked. The county put it in pending status saying we need to prove we can access the easement. The neighbors have now gotten a lawyer who in summery has said; although there exists an easement on the neighbors deed that extends from their driveway to your property line, it does not specifically say it is for your property. I am interested to know if by law it has to say it is for my property or if the easement belongs to my neighbor's because they bought the property that the easement is on.

 

[LdiJ]

What is the name of your state? Washington
Hi,
My wife and I recently purchased some undeveloped property from family. We had been told where the easement is which crosses over our neighbors property to their driveway which access the highway. We had a title report done which confirmed it and then to the county who also confirmed it and gave us an address. Upon finding out the neighbors told the county they refuse to grant us access to the easement and have kept it locked. The county put it in pending status saying we need to prove we can access the easement. The neighbors have now gotten a lawyer who in summery has said; although there exists an easement on the neighbors deed that extends from their driveway to your property line, it does not specifically say it is for your property. I am interested to know if by law it has to say it is for my property or if the easement belongs to my neighbor's because they bought the property that the easement is on.

You are going to need your own attorney. Their attorney appears willing to play dirty, you will need someone on your side in this matter.

 

[justalayman]

The fact there is an easement doesn’t mean a lot although it’s highly suggestive . There would have to be rights granted to you and attached to your deed for you to have rights to use the easement.


So, you have to find if there was ever an easement granted to your property and what rights are afforded your property to be able to claim a right to use the easement.

 

[Cormastar]

My wife's grandfather owned all the property as one large parcel from the highway, he later subdivided it passing it on to his many children. Each subdivided parcel has an easement across it to benefit the properly beyond. Ours is the last parcel and did not have an easement on the deed. I believe the thought of the county is we inherited the rights of the grantor who established the easements, as he would have to supply access by law when he subdivided the parcel. No parcel can be land locked.

 

[justalayman]

So are you now saying there is no easement? It really makes a difference.


If there is no easement, you can sue to establish an easement

But

You have to pay for it.

 

[Cormastar]

There is an easement. It is not addressed in our deed, it is on our neighbors deed. simply stated as a non exclusive easement for ingress and egress 30ft from one corner of their property to the other That could only ever benifit our property and clearly what the intent of the grantor was. Problem being when the neighboring parcel to ours is sold and the new owners don't want neighbors.

 

[justalayman]

If the rights have not been granted to you somewhere along the line, you don’t have rights to use that easement.

I would go back to the first deed thst split the larger lot and see if it assigns rights to the easement to your lot. If not, the crestion of an easemement itself doesn’t mean you have any right to use it.