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  1. #1
    Join Date
    Jul 2011
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    2

    Default Easement Over My Existing Drainfield

    My question involves real estate located in the State of:Washington
    I bought a home one lot up from the water in WA six years ago. I have recently had issues with my septic field, so I had a firm come out and camera the laterals. The end of the laterals are next to a road that is used as access to the waterfront home.
    From the data provided by the firm, my septic field is partly in a 30'-0" easement that was put in place when the drainfield was already there. Can I get this easement expunged as there should not have been an easement recorded over my existing system?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Easement Over My Existing Drainfield

    how was the easement created? Who is/are the dominant tenants?

    I am presuming you are the servient tenant of the easement. Is that correct?

  3. #3
    Join Date
    Jul 2011
    Posts
    2

    Default Re: Easement Over My Existing Drainfield

    The easement was created between three lots, the one on the water, mine (the second lot up from the water), and the one above mine. The previous owner before the easement was created subdevided his one lot into these three. There has always been a road through the lots to give access to the water until the water lot was created and so now it stops at their home.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Easement Over My Existing Drainfield

    so, again, who is the dominant tenant? Who is the servient tenant? (Of the specific area with the problem)

    so basically:

    there should not have been an easement recorded over my existing system?
    You are right but the fact is: it was and it was apparently allowed by the guy that owned all of the involved land, including the drain field. He has a right to do that with his land. You do not have a right to vacate the easement simply because the grantor did something he shouldn't have.

    To do anything with it, you will likely have to negotiate with the dominant tenant to find a mutually agreeable solution, or move your drain field.

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