State of WA
We have an road easement over our property for Homeowners in our association to use to get to the beach. It is one of two easements accesses, ours, the shortest. It is eroding away and the HOA has voted to not maintain nor properly insure the now path for years at their annual meetings. There is merely 3 feet left of the former road easement( formerly used by cars, but closed when becoming too narrow 10 years ago) with a 50 ft drop to the beach. At what point can we say this is dangerous, unuseable and threatening to our home that sits on top of the hill? People seem to think they can just keep crawling up the hill,destroying it as they trample over the vegetation. We are concerned for the safety of our home on top.They have already encroached beyond the easement boundary, as it was surveyed 4 years ago and discovered they were using our land not within the easement. They want to claim a prescriptive easement for that which they are using now too. We purchased home 2 yearsago. Can they ? What happens when trail gone?