OT-- Question for Mike(WA)

Mike, was wondering if you could point me in the right direction concerning property easements per the RCW. I'm having a little problem with a person that has an easement across my property and has put up a gate and refuses to give me a key to the lock on the gate. Just need to know what I can do about it.

Thanks
Leonard

PS. If you would rather e-mail me my email is leo_8686@ hotmail.com

Leonard- just popped into the office for a couple minutes this AM, going to Olympia and be back in the afternoon. Will respond to your question then-

Mike

The law of easements is generally outside the RCW- it is "case law". Lots of variables here- was the easement granted in writing by a predecessor of yours? How does it read? Is it recorded? Is it an "exclusive" easement? And so on. . .

In the most common scenario, someone granted the neighbor a "non-exclusive" easement to cross your property for access. You still own the land, he has the right to use the described easement to access his property, but you have the right to use it, also, as long as your use doesn't interfere with his use of the easement for its intended purpose. "Exclusive" easements are rare, but if that is the case, he may have the right to exclude you from it, depending on the language.

Bottom line- he probably doesn't have the right to exclude you from it, even if he built the road and made all the improvements to it.

You need to talk to a competent real estate lawyer. Best way to find one is to check with the local Title Insurance Company, tell them what's going on, and ask who they would recommend. They might say they're not allowed to recommend a specific attorney, but if you open a phone book yellow pages to real estate attorneys, most of them will point to the one they like, while saying they can't recommend anybody. Real estate offices or timber companies would be another good source.

Sorry I can't solve your problem here, but there are just too many unknown variables.

Mike, thank you very much for this information. I will definitely follow up on what you have said. Again thanks.

Leonard