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Re: OT-- Question for Mike(WA)


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Posted by Mike (WA) on January 28, 2015 at 14:51:06 from (69.10.199.139):

In Reply to: OT-- Question for Mike(WA) posted by LeonardWD45 on January 28, 2015 at 06:23:22:

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.


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