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  1. #1
    Join Date
    May 2015
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    Loon Lake, WA
    Posts
    4

    Default Does an Owner Have Rights to Multiple Access Points on the Same Common Easement

    My question involves an easement in the state of: Washington

    The situation is my property lies two miles in from one end of one access point of my shared private easement with several property owners between me and that point, the property owners that border the road for access own on survey and pay county tax to the center line. My best understanding under Washington law relevant to my situation is that I have the right to use the road to ingress and egress my property and that is the extent meaning I do not have the right to use it beyond my property without permission is the best of my understanding and that it is my legal responsibility and burden to maintain that portion I require for that intended use and no other. Thus if I am correct, the owners of the property between myself and the start of the easement should have no legal right to traffic past their essential ingress and egress needs as in traffic past my property in doing so.

    The issue is escalating that off road vehicles, horses and hikers etc. compromising largely of non property owner general pubic who no question have no right to use the road for any purpose yet use it for recreational purposes as do a few property owners below me as well which not only has been a notable infringement on my privacy, peace and quiet ( the road become like an Off Road Vehicle park on weekends and nice days), the greater concern is the the wear and tear incurred which is dramatic and undue costly to myself. The easement does continue on past my place and not dead end but reconnects with public roads again approximately 7 miles further. I am on a mountain top the road climbs 2 miles to my point and is kept better maintained year around than most non paved roads in the region to my point and at in part at my expense and labor then crests the hill as it goes past me in good condition another 3 miles or so then lessens to a not maintained to any standard but passable and not in winter road the remaining distance to the "far" end of the loop described.

    This fact complicates my efforts with local law enforcement to enforce controlling the use of my portion in regards to the neighboring owners below me as they technically have access to their property from either side, the commonly used by them quick and easy way to access their property plus the long and in part non maintained way that passes me. These owners do not use the longer latter mentioned portion ever to access their properties however once at their properties they see fit to then jump on their annoying and destructive off road vehicles with invited guests and their off road vehicles and use the entire road for that purpose.

    I am at an impasse with law enforcement and is my question on whether I have the legal right to impose my wishes to not have the recreational vehicles of landowners between myself and the bottom use it as such as it is to the best of my understanding the legal intended use of this road and any like in this state is solely ingress and egress and only to that point only, not beyond. My contention is they are using greater than the shortest, easiest and commonly used by them access to their properties negatively impacting myself. I do and pose as question have issue with in any vehicle not legally needing past my property for their ingress and egress because they don't own "past" me let alone the quads and dirt bikes quite obviously and solely being used for recreation. Any input greatly appreciated, thanks in advance.

  2. #2
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Does an Owner Have Rights to Multiple Acess on the Same Common Private Easement

    What is the actual wording of the document granting the easement?

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Does an Owner Have Rights to Multiple Acess on the Same Common Private Easement

    Quote Quoting kialoa4
    View Post
    My question involves an easement in the state of: Washington

    The situation is my property lies two miles in from one end of one access point of my shared private easement with several property owners between me and that point, the property owners that border the road for access own on survey and pay county tax to the center line. My best understanding under Washington law relevant to my situation is that I have the right to use the road to ingress and egress my property and that is the extent meaning I do not have the right to use it beyond my property without permission is the best of my understanding and that it is my legal responsibility and burden to maintain that portion I require for that intended use and no other. Thus if I am correct, the owners of the property between myself and the start of the easement should have no legal right to traffic past their essential ingress and egress needs as in traffic past my property in doing so.
    Who owns the property once it reaches you? Who owns the property once it goes past you? Is there anyone past you who needs essential ingress and egress?

    The issue is escalating that off road vehicles, horses and hikers etc. compromising largely of non property owner general pubic who no question have no right to use the road for any purpose yet use it for recreational purposes as do a few property owners below me as well which not only has been a notable infringement on my privacy, peace and quiet ( the road become like an Off Road Vehicle park on weekends and nice days), the greater concern is the the wear and tear incurred which is dramatic and undue costly to myself. The easement does continue on past my place and not dead end but reconnects with public roads again approximately 7 miles further. I am on a mountain top the road climbs 2 miles to my point and is kept better maintained year around than most non paved roads in the region to my point and at in part at my expense and labor then crests the hill as it goes past me in good condition another 3 miles or so then lessens to a not maintained to any standard but passable and not in winter road the remaining distance to the "far" end of the loop described.
    The property owners do have the right to use their own property as long as it does not impact your ingress and egress.

    This fact complicates my efforts with local law enforcement to enforce controlling the use of my portion in regards to the neighboring owners below me as they technically have access to their property from either side, the commonly used by them quick and easy way to access their property plus the long and in part non maintained way that passes me. These owners do not use the longer latter mentioned portion ever to access their properties however once at their properties they see fit to then jump on their annoying and destructive off road vehicles with invited guests and their off road vehicles and use the entire road for that purpose.
    Again, see above answer.

    I am at an impasse with law enforcement and is my question on whether I have the legal right to impose my wishes to not have the recreational vehicles of landowners between myself and the bottom use it as such as it is to the best of my understanding the legal intended use of this road and any like in this state is solely ingress and egress and only to that point only, not beyond. My contention is they are using greater than the shortest, easiest and commonly used by them access to their properties negatively impacting myself. I do and pose as question have issue with in any vehicle not legally needing past my property for their ingress and egress because they don't own "past" me let alone the quads and dirt bikes quite obviously and solely being used for recreation. Any input greatly appreciated, thanks in advance.
    Again, see above response.

  4. #4
    Join Date
    May 2015
    Location
    Loon Lake, WA
    Posts
    4

    Default Re: Does an Owner Have Rights to Multiple Acess on the Same Common Private Easement

    The only documents I know of having is my original contract paperwork when purchased from the land company and my title once I paid it off in the original contract I have :

    19. EASEMENTS, RESTRICTIONS, AND RESERVATIONS :

    Reservations by Grantors, their heirs, and / or assigns, of a 60 foot easement for unimpeded access over prior and existing roads for ingress and egress to adjoining property, and an easement over and through subject property for utilities and the right to assign said easements ;granted to the Grantee, his heirs, and / or assigns, an easement for ingress and egress over and across all roads which the Grantor herein has the right to travel to reach subject property as shown on attached map marked EXHIBIT "B".

    the above in its own separate paragraph plus a paragraph describing a 1964 agreement between a local timber company and the state to maintain their rights to the road is all I believ I have to go on, thanks

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    I own the property once it reaches me to the center line the other side of the road belongs to that owner to the center line and yes there are properties beyond me that need to use it for access and do. The easement in question is my east property line and is the west line of the property across, below me the same, above me the same as well it is a many decades well traveled well maintained established road that bisects the properties on both sides of it and is collectively owned by each individual property it accesses.

    The question is in regard to the rights or not of the property owners I pass beside to get to my property, do they have a right to further use the road past their necessary access which traffics past and impacts me with their off road vehicles or any other, is to the best of my understanding I am responsible legally for maintaining that portion I own the 30 feet from the center line into my property in passable condition for those who own beyond, the road does not bisect any properties it is layed out with individual properties on both sides all with the same legal situation I am assuming, the overhead view doesnt show but several dozen properties whos east or west borders meet to create the description of the road which is basically north and south. One or more timber companies do indeed maintain the entire road in excellent condition with big equipment and proper materials at the direction of DNR I assume due the the creek with fish the road runs along and crosses as it climbs in a couple places.

    my address is known by the county as 1234-V Bla Bla rd with A, B, C , D, and so on below me and W, X, Y and Z Bla Bla road beyond and as the alphabet goes I am towards the far end with a few beyond the legal description of the road describes it as the abandoned "old big ranch that was the whole area" before it was divided road "# 1234"

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    As it describes the road in question as : ( .. that portion of which is necessary for ingress and egress. ... ) is what seems to be the most relevant language describing my legal right to use it as the easement described, I can only assume the like properties that create it have it described like ? and I would like to be able to infer from it that what it is saying although very definitive of what my right to use it involves which is ingress and egress to my land, that it also says by inference I do not have the right to use any other portion of it for any purpose.

    It occurs to me in the written legal aspects as I am learning, and it's at a beginning of the curve, that it doesn't seem provide a delineation of use well enough as in if I have the "right to use that portion necessary" for "ingress and egress" does that give me license to hop my quadrunner and use that portion as recreational as well as my ingress and egress or is it saying the sole use is because the word sole use is not incorporated I am at a point where I feel I can only infer what I consider that important aspect of how it is drafted.

    The closest laws I can find that describe a similar situation is Washington state house bill HB 1029 and its overwritten The overwritten is merely a change of the words "right of way" to ingress and egress" telling me it was overwritten to further whittle a landowners understanding from "I have the right to use this" to getting closer to what this is is a collection of landowners that are granting you passage over their land is my interpretation of how an easement of this nature is to be perceived and what the law is attempting to convey ?

    ??

    The two sheriff officers I have had up here in the past present as and indirectly : to the best of their knowledge they have their hands tied due to simply lack sufficient knowledge to act in behalf of owner, and ironically enough both have the same frustrations in an exactly the same situation at their respective rural homes and look at me confused when I attempt to explain to them they are not "at" my address as its showing on the screens of their computers, that only appears there for yours and fires reference it's nothing more than a corresponding address it exists physically only as a mailbox in the grouping 3 miles down there and where you are actually at is my properties legal description and I am the sole owner of where you are parked in fact due to being on my half of the road, plus, I have a written "act in behalf of " representative agreement with the absentee landowner across from me that owns the other side / half of this road making me standing here in the middle of it the legal representative of entirely private property ( road in question ) so traffic over this road as it traverses this 600 foot stretch is at my personal whim if they do not own property beyond me or are a invited guest of one of those parties as I see it. ??

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    Im not sure which questions I am answering here as I grow in familiarity with your pages so please all bear with me and wow to all so many thanks I am overwhelmed by any responses, thankk you.

    I own the the property one it reaches me and represent the owner of the property across from me, my entire east line runs down the center of the road on survey and I pay taxes on it, his entire west line runs down the center of the road as in he is my immediate bordering private property owner to the east, we share that "Line" imagine a line running up a page with a few lines coming off on either side is what an overhead view of the actual property lines looks like surrounding me, the line up the page being the road offering ingress and egress to what is on either side it never goes "through" any one property just over the east and west edges depending on which side you own half and half 30 feet and 30 feet for a total of a 60 foot easement

    yes there are more owners beyond me I must grant passage to access ingress and egress to their properties. That passage is over the first 30 feet in of my entire east line

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    To address " The property owners do have the right to use their own property as long as it does not impact your ingress and egress. " ...

    it's not their property as the road goes by me, it's legally mine, owned, one half the road, the other half the owner bordering my east line, they are traveling over my property along with over the owner's to the east of me privately owned land to get to theirs as they "go by" to access theirs further up the road and of course I have zero issue with that, all the properties surrounding me for several miles are essentially land locked.

    it would most helpful if somehow I could draw a diagram and upload a photo of the drawing ?

    - - - Updated - - -

    It looks like this :



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    I have a full page image uploaded to postimage.org, no navigation away from it, very generic, should meet privacy policy ? that I attempted to insert as url as prompted and to my view doesn't appear in my last posting above to explain that. image is hand drawn depiction of what I am attempting to convey in words. Any help how to post image or moderator most appreciated, thanks for your interest

  5. #5
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Does an Owner Have Rights to Multiple Acess on the Same Common Private Easement

    You can pretty much assume that each of the properties that the timber company sold contains the same easement language.

    19. EASEMENTS, RESTRICTIONS, AND RESERVATIONS :

    Reservations by Grantors, their heirs, and / or assigns, of a 60 foot easement for unimpeded access over prior and existing roads for ingress and egress to adjoining property, and an easement over and through subject property for utilities and the right to assign said easements ;granted to the Grantee, his heirs, and / or assigns, an easement for ingress and egress over and across all roads which the Grantor herein has the right to travel to reach subject property as shown on attached map marked EXHIBIT "B".
    Unimpeded access is unimpeded access over prior and existing roads. I don't see how you can stop any of the properties from the use of all prior and existing road on the grounds that access stops at their property line.

    I think you have to proceed with another strategy if you want to stop the RVs and noise.

  6. #6
    Join Date
    May 2015
    Location
    Loon Lake, WA
    Posts
    4

    Default Re: Does an Owner Have Rights to Multiple Acess on the Same Common Private Easement

    yeah or in this case this huge ranch it all lays out like it was drawn by the same hand on the same day to create as many evenly sized and as close to 20 acre parcels that border the road as possible perpendicular to the road and the topography is pretty rugged up through here doesn't offer much to work with easily as one distances from the road

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