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  1. #1
    Join Date
    Jul 2017
    Location
    Seattle, WA
    Posts
    1

    Default Blocked from Using an Easement

    My question involves real estate located in the State of: Washington

    There was an easement then a release of easement then a sale of the neighbor's property. New land owner says they bought the easement, but we never received any information of the sale of our property.

    New land owner says to lawyer up for a fight and fenced off our land preventing us from accessing it.

    What do we do?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Blocked from Using an Easement

    Given that we have essentially no information about what happened, your best bet is to take that suggestion and discuss the facts with a local real estate lawyer.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,739

    Default Re: Blocked from Using an Easement

    Quote Quoting memeijs
    View Post
    My question involves real estate located in the State of: Washington

    There was an easement then a release of easement then a sale of the neighbor's property. New land owner says they bought the easement, but we never received any information of the sale of our property.

    New land owner says to lawyer up for a fight and fenced off our land preventing us from accessing it.

    What do we do?
    Who signed a release of easement? Was that you? If so, you gave up the easement.

  4. #4
    Join Date
    Nov 2013
    Posts
    6,513

    Default Re: Blocked from Using an Easement

    What Mr. K says is true; we don't have anything to go on here. But I can say from your post that you must be the servient estate since you say that the neighbor has fenced off your property. So what I gather is that the neighbor's property was at one time the dominant estate and at some point you and the neighbor agreed to a voluntary extinguishment of the easement on your property that the neighbor held. Is that correct or not? Was that agreement recorded?

    Now a new owner of the neighboring property is claiming that he bought the easement. From who did he buy it if not you? In any event, if this is your land, he can't fence it off.

    On the other hand, if you are the dominant estate and you gave up the easement, then why do you care? If your property is now landlocked because of whatever happened, you would win in court. Tell us the facts.

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