Legal Question in Real Estate Law in Washington

Easement dispute

The neighbors garage is built over one leg of our drain field and is slowly collapsing it. In our deed it says we have an easement to the drainfied but in the event repairs need to be made we would need to return the property back to its original state. Does that mean we would have to put up a new garage for them if it had to be torn down? Do they have to remove the garage since they did build over our septic?


Asked on 5/05/07, 11:27 pm

2 Answers from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Easement dispute

Buildings do not typically belong either on easements or in drain fields.

I would need to know a great deal more information before really giving you an informed opinion. For example, it would be useful to know how long that garage has been there.

I doubt you would be required to rebuild their garage; the question of whether the garage is over your septic and thus should be removed will depend on a host of other factors.

Sorry to be so vague; I just can't sort out enough information here to answer your questions.

Elizabeth Powell

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Answered on 5/06/07, 11:36 am
Johm Smith tom's

Re: Easement dispute

Ms. Powell is correct. You need an attorney to go over the facts and give you your options, which may include litigation. We have an attorney in WA.

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Answered on 5/06/07, 1:08 pm


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