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  1. #1
    Join Date
    Jun 2008
    Posts
    3

    Default Backyard Enclosure, Giving Up Property Forever?

    My question involves real estate located in the State of: Washington, unincorperated King County

    There is a trail system behind my house that my neighborhood has had access to for at least 15 years through my next door neighbor's property. There He decided to put up a fence to block access. I volunteered to build access through my property in the form of a trail that enters my property and connects my neighborhood to the green belt and trail system behind my land. The trail runs along the side of my property and takes up an area of 6ft wide by 45ft long. However, I would now like to enclose my backyard in a fence for dogs/kids/privacy.

    If I enclose my backyard, leaving the 6 feet for the trail access on the outside of my fence, what happens to that land? Am I giving it up permanantly? Am I devaluing my property significantly. I figured it out to be about 400sqf of a 9800sqf lot that would be outside of the fence.

    I hope I explained it well, if not, I can maybe take some pictures to help.

    Thanks for the advice,
    Dave

  2. #2

    Default Re: Backyard Enclosure, Giving Up Property Forever?

    It is possible to lose the land and it will probably devalue your lot. Whether it will be significant or not, you are in a better position to say.

  3. #3
    Join Date
    Jun 2008
    Posts
    3

    Default Re: Backyard Enclosure, Giving Up Property Forever?

    Hmm...If I leave a gate for access to the trail, and maintain the trail myself, would that change anything?

    Just reaching at straws here. Thanks for the help

    Also, it may have been unclear from my post, but the land boarding the other side of the trail is actually a county owned road.

    Photo from North East corner of property looking west


    I don't know if this will show up, but this gives some clarification

  4. #4
    Join Date
    May 2008
    Posts
    19

    Default Re: Backyard Enclosure, Giving Up Property Forever?

    Perhaps if you want to keep it open and not lose right to it - which could happen over 10 to 20 years - you could put a sign up stating that people have permission to use it, but may not do this or that. In WI if you give someone permission to use property, you can revoke the permission without having to worry about having adverse possession claims, and prescriptive easement claims against you ... but I will tell you the typical thing everyone else will tell you on this site - see a lawyer.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Backyard Enclosure, Giving Up Property Forever?

    Who owns the land behind you - between your proposed fence line and the rear property line?

  6. #6
    Join Date
    Jun 2008
    Posts
    3

    Default Re: Backyard Enclosure, Giving Up Property Forever?

    The greenbelt property to the east of mine is owned by the high school. They have school cross country track meets that used the old trail, and now use the one on my property. They actually helped build the new trail and gave me some money to put up a fence (through their booster club).

    I like the idea about posting a sign. That may actually limit liability issues too if I say "use at your own risk". Does anyone know a land use attorney in Washington who would take a small case like this?

    Thanks,
    Dave

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