easment law

[L ZAMBRYSKI]

I live in Washington State, Spokane county. I have a city lot measuring 109ft by 50 ft. The south 9 feet of the lot is an easment for the 36ft lot next to mine. This easement has been in effect since 1952. Ownership has change over the years. Anyway, I have written documentation that the easment has not been used for approx 40 years. There has been a fence seperated the properties for years. I would like to put up a more permanent fence. Can the property owner remove my fence? Does the easement forfeit do to the number of years of non-use? It is a rental property, and some very questionable people have lived there. I also am, as all previous owners pay the taxes on the easment. Any help on this matter would be very appreciated. Thanks...

 

[HomeGuru]

What is the easement for?In general you cannot fence in or build on an easement.

 

[L ZAMBRYSKI]

What is the easement for?In general you cannot fence in or build on an easement.

The easement is for ascess to the lot, however the lot is ascessable from the front of the lot. I am on the corner lot, the easement is behind my garage and borders the neighbor behind me. The lot/easement in question has always been ascessed by the front of the lot.

 

[HomeGuru]

You need to have an attorney review the easement agreement.