Legal Question in Real Estate Law in Washington

Re: easement

The answer is, "it depends." I'd want to see the exact language that provides for the easement. If it is used by several people, there may be a provision related to maintenance and paving, and whom is financially responsible, etc. It may also provide that you get to decorate it with flowers or trees on your land, but that each party whose land the easement runs through is entitled to decorate it their own way, provided the easement itself is fully functional and does not unreasonably hinder any lawful user's access.

Assuming for a moment that there is not, then I'd want to know what exactly the offensive party is doing that has you upset. Is he working on it at 2:00 a.m. with heavy loud equipment? Is he installing a yellow brick road whereas you may prefer asphalt? Is he in any way diminishing the value of your property with what he is doing to the easement? Is he hindering your access to your property?

Again, assuming that your title which grants the easement does not give specifics about maintenance, then as a general proposition, I'd say anything the diminishes the value of your land, or prevents you from having the same access you have enjoyed up to now, or that somehow causes nuisances may wind up getting the offensive party in hot water.

I suggest that you consult an attorney who can sit down and go through everything with you, in detail, and then render a proper opinion of what they think your rights are in this situation. For an hour or two of consultation, trust me, that is far cheaper than waiting for the situation to get too far when things become REALLY expensive.

I am sorry to have more questions than answers, but hopefully those questions allow you to see what I am looking for in order to help answer your question, which by itself out to actually give you a partial answer. (Sorry, that's such a lawyer-like last paragraph.)