Legal Question in Real Estate Law in Washington
Easement Law
My Neighbor has an easement for egress/ingress across my property. This is his only access to his residence. Recently he started a home occupancy which requires large trucks to use easement. The home occupancy is legal based on our zoning code.
My question is can the business (home occupancy) use the easement without negotiating easement usage with me? Can the home owner start using the easement for commercial purposes?
Basically do I have a legal right to stop the trucks from using the easement?
1 Answer from Attorneys
Re: Easement Law
A lawyer would need to review the easement language to see what it says to determine whether or not your neighbor can use the easement for large trucks and a home based business.
My take is probably not.
Ingress, egress and utilities for a residence are different from access for commercial purposes. This isn't really a zoning issue, as the easement is not a public right, but a private one.
You really, really need to talk to a local attorney who understands real property issues, and the sooner the better.
Hope this helps. Powell
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