Easement Rights and Responsiblities

[RSquaredwa]

Washington.

I am the owner of a PVT road, arround 505' in length connecting my property to the county road. Along the road are 3 properties 2 of which have easement rights for Ingress & Egress. Each neighbor has a drive way that is accesses through the easement. The width of the easement property is 20' with the actual road about 15ft with around 5ft of which is a strip of grass that both neighbors use to park on. its not a problem they maintain and park along the areas and its not a problem.

Recently I had to install a new water line which I dug a trench inside the easement property boundary but through the unpaved area used to park. this process took place in one day with no access being blocked for more than an couple hours and the neighbors were ok with it. Now one of the neighbors is threatening me with a lawsuit because I disturbed the parking area and tore up the grass. (its mid Nov and while I sympathize with the home owner on the inconvenience of the dirt, the area has been leveled and smoothed while awaiting for an more appropriate time to reseed etc.

My question is does this this neighbor have any actual legal recourse against me on the easement that I disturbed that I own and pay the taxes on? They still have full access to their property with not disturbance accept the grass strip the parked on is now Gravel? An I am still have no problem with them using the strip to park on.

 

[quincy]

Washington.

I am the owner of a PVT road, arround 505' in length connecting my property to the county road. Along the road are 3 properties 2 of which have easement rights for Ingress & Egress. Each neighbor has a drive way that is accesses through the easement. The width of the easement property is 20' with the actual road about 15ft with around 5ft of which is a strip of grass that both neighbors use to park on. its not a problem they maintain and park along the areas and its not a problem.

Recently I had to install a new water line which I dug a trench inside the easement property boundary but through the unpaved area used to park. this process took place in one day with no access being blocked for more than an couple hours and the neighbors were ok with it. Now one of the neighbors is threatening me with a lawsuit because I disturbed the parking area and tore up the grass. (its mid Nov and while I sympathize with the home owner on the inconvenience of the dirt, the area has been leveled and smoothed while awaiting for an more appropriate time to reseed etc.

My question is does this this neighbor have any actual legal recourse against me on the easement that I disturbed that I own and pay the taxes on? They still have full access to their property with not disturbance accept the grass strip the parked on is now Gravel? An I am still have no problem with them using the strip to park on.

The part you disturbed with the water line was part of the easement and the other homeowners did not have any part of their property damaged?

If the easement granted ingress and egress rights and these rights were maintained, I do not see that your neighbor has a supportable case.

Is it that the neighbor wants you to replace the gravel with grass? Or is there another complaint?

 

[RSquaredwa]

Yes all the waterline and installation took place within the 20ft boundary of the easement. and other than messy landscaping to ground nothing has changed for their access. Yes there is always complaints, but since I have been overlooking the use of the easement for parking etc. I wanted to know my rights and responsibility as the property owner when I respond to them. I don't want to say something that opens me up for Liability because I misunderstood the details. But Yes I do intend to make things nice for them again, maybe after the Rain we are having just not this minute. They have always pushed back on the easement boundaries but as mentioned, I want to be a good neighbor and not challenge them on it, but since i just did this work I have opened that discussion back up again. just wanting to Cover my Assets.

 

[quincy]

Yes all the waterline and installation took place within the 20ft boundary of the easement. and other than messy landscaping to ground nothing has changed for their access. Yes there is always complaints, but since I have been overlooking the use of the easement for parking etc. I wanted to know my rights and responsibility as the property owner when I respond to them. I don't want to say something that opens me up for Liability because I misunderstood the details. But Yes I do intend to make things nice for them again, maybe after the Rain we are having just not this minute. They have always pushed back on the easement boundaries but as mentioned, I want to be a good neighbor and not challenge them on it, but since i just did this work I have opened that discussion back up again. just wanting to Cover my Assets.

Although you should read over the wording of the easement to make sure it says what you think it says, if the neighbors were able to use the easement as granted (for ingress and egress), you as property owner are allowed to use and maintain your property (including the property with the easement) as you need to and want to. You just cannot infringe on your neighbors’ easement rights.

 

[FarmerJ]

Once you have refreshed your self as to the exact wording of the easement and confirm that it is only for ingress and egress then you are free to remind the people who park on your land even though its a easement area ( in writing sent via certified mail ) that the easement does not grant them consent to park on your land ( this has little to do with being a good neighbor or not ) keep a copy stapled to your postal receipt. Let the nieghbor get his shorts in a knot , its not his land ! when you allow someone who acts like a bully or somehow they are entitled to something just keep on going eventually the list of entitlement thinking may grow and grow. Being a good neighbor in your case has nothing to do with standing up to this bully and if the bully wants to sue , let him .

 

[quincy]

RSquaredwa, how long exactly have your neighbors been using the unimproved part of the easement for parking?