Legal Question in Real Estate Law in Washington
Easement and gates for livestock
We have 3- twelve acre parcels that our neighbor has easement thru to get to his parcel. Our easement rules seem rather general and do not exclude the use of gates. Other parcel owners have gates in our development,which is very mountainous. We would like to fence additional parts of our property to allow a horse and mule to graze part of the year. The neighbor would need to open and close a gate as he entered and left our property to access his. He has none of his land fenced and lets his dogs run-even though there is a lease law here. He doesn't want to open gates, but certainly could get an automatic gate opener. What excludes us from gating the easement when others in the development have done it and the easement does not specify ''no gates''?
1 Answer from Attorneys
Re: Easement and gates for livestock
You need to go read your easement and see what it says. It may be that adding gates is fine, and it may cause a huge problem. I would certainly encourage you to introduce anything new to your neighbor, in advance, before he runs into a new gate for the first time.
I have seen easements with gates, it is not unheard of.
The dog running loose is a different issue - you'll need to check with your county animal enforcement agency about the dog and determine how to file a complaint if that is what you think is right.
Hope this helps. Elizabeth Powell
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