Legal Question in Real Estate Law in Washington

Easement/right of way
I recently purchased a home at the end of a private dirt/gravel road. It passes by and thru several other properties. My immediate neighbor owns the land on both sides of the road and has put up a speed bump across the roadway, which he has recently built up until it causes cars to scrap bottom to get over it. The covenant indicates that 'reasonable grading" be maintained and that all maintainence shall be by the owners of the parcels having legal access. The road itself is only eight feet wide, while the easement dedicates a twenty foot right of way. He has also put up a green house and concrete posts around it that encroach on the twenty foot easement. The question is whether he has the legal right to put up these obstructions and what remedies exist to resolve this issue of the speed bump short of court action. Thanks for your consideration.

Asked on 3/15/98, 2:29 pm

Gary Preble Preble Law Firm, P.S.

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You will probably not avoid court

1. He is in the wrong regarding the height of the bump at least and the posts.

2. You might try neighborhood mediation. Perhaps there's a legitimate concern for neighborhood speeders that needs to be addressed.

3. Short of moving, the only other solution is litigation.

Answered on 3/19/98, 10:33 am

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