Neighbor Blocked Road and Filed Lawsuit for Trespassing

[darlenea]

From Washington State. Thanks.

According to county records, it appears my property has county easements however after purchasing this property two years ago, my neighbor is now suing me for trespassing and has built a gate to block my entrance. I hired a lawyer and he is telling me I'm SOL. I don't understand. The county map shows easement. See here:
http://cp.spokanecounty.org/scout/map/?PID=03324.0601

Those sections of land between the parcels are county easements, right?

Any help would be appreciated. Should I hire a new lawyer?

 

[adjusterjack]

Could be easements, could be alleys. The map doesn't say.

An aerial view didn't help because you are surrounded by vacant land.

You'll need to find the original plat for the subdivision. Plats usually show easements. Although in this case it looks like there is a street platted from 904 to your lot.

As long as there is a street platted, you may be out of luck for an easement because you should be able to drive up that street from 904 to your lot. Or up S. B Street and over.

Meantime, if your lawyer isn't counter suing for an easement by necessity (if that's even possible given the street layout), get an opinion from another lawyer.

 

[darlenea]

Thank you for responding. I appreciate your input. There is a street platted from 904 to my property and I have been using that street to get to my property but the neighbor built a gate at 904 and I can no longer drive down the street. They are claiming that since no one has used the street for some number of years and that they own the majority of property surrounding the street, that the street is now part of their property.

 

[adjusterjack]

They are claiming that since no one has used the street for some number of years and that they own the majority of property surrounding the street, that the street is now part of their property.

It's not that easy. Especially if it's platted as a city street that might be owned by the county, city or town. Have you checked on that?

Here's the street view from 904.

Is this where the gate is?

https://www.google.com/maps/@47.4360332,-117.7817101,3a,90y,341.71h,63.88t/data=!3m6!1e1!3m4!1sBT7uU-Wyfe22I6K5PemXAA!2e0!7i13312!8i6656

Or this?

https://www.google.com/maps/@47.436115,-117.7809894,3a,90y,352.69h,71.1t/data=!3m6!1e1!3m4!1sMP61s0-oX4g_9SyQjTH2zA!2e0!7i13312!8i6656

Either way, they both look like they are platted as city streets.

Have you actually be served with a lawsuit?

 

[Zigner]

I hired a lawyer and he is telling me I'm SOL. I don't understand.

When you asked your attorney to further explain, what was the response?

 

[xylene]

When you hired another lawyer for a second opinion, what was their response?

 

[zddoodah]

I hired a lawyer and he is telling me I'm SOL. I don't understand.

Then you need to ask your lawyer to explain why he/she thinks you're "SOL." We obviously have no way of knowing because we haven't read all of the relevant documents. Looking at a map without any context is not particularly insightful.