Next Step

[dogstooth]

What is the name of your state? Washington

My neighbor was granted an easement 15 years ago to settle a boundary dispute. Since then, our property has been sold a few times and now I am the serviant owner.

I've got no problems with the easement, but occasionally I'd like to use the property for basically the same reasons the neighbor uses the property(access to a lake). The neighbor has told me that the easement is "exclusive" and I need to "stay off". Although it is an exclusive easement, there is no wording in the document to this. Addtionally, I spoke with the grantor and he stated that the intent of the easement was to share access to the lake.

The neighbor's attorney sent me a letter telling me to stay off the property. I sent him one back explaining why I am allowed access and that I like to have a written agreement for shared use of the property so everyone is happy.

Now they are stonewalling. They've instructed the attorney not to talk with me, nor will they. They've become threating, and I don't want my 5 kids down at the lake.

Obviously I've need to get a lawyer, but if its going to come to this, I'm not going to "dick" around. I want this guy spanked for his bad behavior. I've sent serveral nice letters asking for a peaceful solution, but I'm being ignored.

If I file a complaint, and win, can I sue for my attorney fee's?

 

[FarmerJ]

If your easement documents are that clear then go ahead and ask a real estate atty to review the wording then send them a letter reminding them that no where in the easement does it say you cannot use the land and so you will do so . and offer nothing extra . you didnt say in your posting when your property had its last survey ? perhaps you should have a current boundry survey done so you will have it available when you see a real estate atty .

 

[geryon]

The neighbor has told me that the easement is "exclusive" and I need to "stay off". Although it is an exclusive easement, there is no wording in the document to this. Addtionally, I spoke with the grantor and he stated that the intent of the easement was to share access to the lake.

Why do you agree that the easement is exclusive although there is no documentation to that effect? Especially since the grantor says the intent was to share access.

 

[dogstooth]

FarmerJ....The last survey is why this easement was created. It showed the property line going straight through the neighbor's house. They adjusted that portion with an "affidavite of correction", but did not adjust the lakeside property. Instead they gave them an easement since their dock was right square on my property. They grantor's didn't want to give up lakefront, but he was nice enough to give up the property that the house sat on. Remember this isn't rural property, its in the middle of our town.

The easement give them "perpetual exclusive easement access over and across that portion of" my property. It mentions the adjustment in the front portion to fix the situation where their house was over the property line. That's all it say....nothing about "excluding" the serviant owners.

The property is shorelands of the second class, so its impossible to do anything with, it just access to swimming and boating.