My question involves real estate located in the State of: Washington (Pierce County): We bought this house in 2007 of which the property line was changed with an easement granted for access to our property many years ago 1980 (much more than 10 - again this increased the size of the property and changed the property line) at the back part of our property and nothing in the county paperwork states entrance to the property has to be at any certain part of the back of the property. Anyway everything was fine for 1 year with our neighbor, and had been previously for years with the previous owner of our property and this neighbor. Together in 2000, (the previous owner of ours & the neighbor next door) changed the access to our property and the joint area between them - so they could both use our driveway which goes down the sides of both properties at some point which made it easier for both (it gives access to something we both use). This added to the ease of use of ours and the jointly used area not to mention they completely eliminated the previous access point and driveway into the property and remade a new one at the back which gave better access for both. Not a problem. So the entire access to the property was removed and redone to another portion at the same back area of the property in the year 2000 there is no old driveway access to use anymore and so we have to, out of necessity, use this access for entrance to our property and the joint area as well as he uses it for the joint area. He decided he doesn't like my husband anymore due to the fact my husband got into an argument with another neighbor that is a friend of his! So now he says he owns the entire street up there and we now need to put in another access to our property and if we do anything he doesn't like, he will take away our access. Now in the property records from a way earlier easement described at the beginning of my paragraph (1980's) - the property line had changed due to the easement for driveway access and so the private road/street he refers to is on part of our property and the markers are clearly visible in one area 2/3 of the way over the road in one place and 1/4 way over the road in another. We aren't trying to do or take away anything he is wanting to take away ours or force us to pay to have a new driveway entrance constructed onto our property and he says he will use that to access the easement to both sides of our property lines for the joint access. We just want to be able to use everything the way it was when we bought it and none of this was even mentioned at purchase time - we are fine with him driving over the portion of the street that is ours and fine with the joint use area.
Can he really landlock us like this and force us to have to put in a whole new access and driveway into our property so we enter from a different part of the street? Even though he and the previous owner IN 2000 both paid to have the previous access removed and new concrete put in the current AND ONLY access TO our property and driveway? In the property rights statement easement (to that back of the property I have been referring to) from 1980 it states COST OF MAINTENANCE: It is further understood and agreed that the parties of the first part will and do hereby assume and agree to pay one-half, and the parties of the second part will and do hereby assume and agree to pay one-half of the cost of maintaining the present private road over the respective easements herein granted. (this was from 1980).
It seems to me that because of that we should have use of it...and the fact that our property markers are in places on the street (hard to explain -but the markers are there and measure out perfectly with the easement). When he told my husband that we have to put in another access to our property, my husband asked him what those markers were? The neighbor got extremely beligerent and started cussing profanity and said it was none of our business.
thanks...we have a lawyer but they are having difficulty because it is not a prescriptive right due to the 10 years timeframe requirement and on the private road he pays taxes on that small piece. I worry every night and he harrasses us every day and is just being beligerent and extremely hostile. Thankyou for your help...