Legal Question in Real Estate Law in Washington
drainfield easement
I have an easement on my property for the lot across the street to put in a drainfield. The Declaration of Easement states: The onsite sewage disposal system easement area shall be permanently and visibly delineated and also protected from unauthorized activites by installation of, for example, barriers, monuments, fencing, etc. Said delineation shall be installed and maintained at the sole cost and expense of the Grantee. This was never done, and we put our black top drive over part of the area and our water and phone line too. The grantee recently surveyed and says we need to move everything so they can put in their drainfield. Since they only recently put wooden stakes in to show the area, instead of the permanent markers is the agreement void? None of this would have happened if it had been marked. I have a copy of their recent survey and to date it is still not deliniated by anything but the recent survey stakes. Also, we have a wetland mitigation plan approved by the county that depicts our driveway right where it is. Our mitigation plan, building permit, and septic design have all been signed off by King County. Our house is new construction. We moved in 10/06, but the driveway was put in more than a year ago.
1 Answer from Attorneys
Re: drainfield easement
The agreement is enforceable and you are confusing void and voidable. In other words, just because they messed up is no excuse to ignore the easement and start installing stuff when you knew you weren't supposed to do that.
Since you had a copy of the easement, you were on notice that there was a place on your property that you had no right to install utilities and blacktop. You apparently did it anyway, on the theory that your obligations were contingent on their obligations.
You might want to read it again, all the way through.
The County isn't responsible to keep track of your easement agreements either.
Sorry to sound so grumpy. Powell
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