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  1. #1
    Join Date
    May 2020
    Posts
    2

    Default Road Easement Has New Access

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

    I recently had a small amount of excavator work done on my one acre property. We created a 3 car gravel patch to park man toys. We created a narrow road to access this gravel patch.

    The dirt road in front of my house is owned by a neighbor down the road. We did not consult with him about this work because we had no idea it would be an issue. We made no changes to his road or his property at all. He has sent us a letter stating that he did not approve the new access off his road and we must undo the changes immediately.

    Can he do this?

    I'm happy to provide more info if desired.

    Rob

  2. #2
    Join Date
    Sep 2010
    Posts
    19,670

    Default Re: Road Easement Has New Access

    You'd have to have an attorney read the terms of the easement. It could be a problem, or it could be that you had the right to do this.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,197

    Default Re: Road Easement Has New Access

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

    I recently had a small amount of excavator work done on my one acre property. We created a 3 car gravel patch to park man toys. We created a narrow road to access this gravel patch.

    The dirt road in front of my house is owned by a neighbor down the road. We did not consult with him about this work because we had no idea it would be an issue. We made no changes to his road or his property at all. He has sent us a letter stating that he did not approve the new access off his road and we must undo the changes immediately.

    Can he do this?

    I'm happy to provide more info if desired.

    Rob
    I agree with FlyingRon, but have you explained to the neighbor that all you did was create additional parking for your man toys on your own property?

  4. #4
    Join Date
    Nov 2013
    Posts
    6,888

    Default Re: Road Easement Has New Access

    Quote Quoting llworking
    View Post
    I agree with FlyingRon, but have you explained to the neighbor that all you did was create additional parking for your man toys on your own property?
    Tell the neighbor to go pound sand. You have and easement for ingress/egress to your property. You are the dominant estate. The easement services your property. No other property is involved meaning that no other property has become the dominant estate. It is your property that you built the pad on. What you did does not increase the burden on the servient estate.

  5. #5
    Join Date
    May 2020
    Posts
    2

    Default Re: Road Easement Has New Access

    Yes. I told him the reason for the cleared area. I didn't take down any trees...leveled about a 2 foot mound and cut some brush/grass. He says he doesn't want the additional access.

  6. #6
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,579

    Default Re: Road Easement Has New Access

    Do the "man toys" constitute any part of a business? For example, are you opening a vehicle repair, storage, customizing etc. operation?

    If it is all for your own personal use, it is unlikely that you are overburdening your easement grant.
    Resistance is not futile; it is voltage divided by current.

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