Legal Question in Real Estate Law in Washington
easment rights
We live on a 8 acre parcel at the end of an asphalt. private driveway that is aproximately 1/2 mile long. The driveway passes through two other parcels, which we have an easement agreement for ingress and egress. The parcel next to our property sold last year, and now has a new house on it, which is for sale. The easment is 20' wide and the asphalt is 12'wide. The builder has decided to plant a row of 115, 7' tall shrub like trees, 1' from the edge of the asphalt. We have ask them to move them to the outer limit of the easment, or 4' from the edge of the asphalt. He hs stated that he does not need to do that and that and the trees are staying. My concern is the branches of the trees scraping our vehicles, and the roots of the trees underminimg the asphalt. No where else on the easment, is there any trees that are that close to the road. I would like to know my rights before I make my next decision, Any help would be greatly appreciated.
1 Answer from Attorneys
Re: easment rights
This falls under the category of "don't take legal advice from somebody who is not a lawyer and may well become an opposing party in a lawsuit". Sounds as though the builder's improvements are encroaching on the easement - I'd have to see it to be sure, but based on what you are relating, you have a claim.
What you need is an attorney to file a summons and complaint for damages and an injunction requiring the builder to remove the trees. Ingress, egress and utilities does not include trees. The builder arguably doesn't have the right to interfere with your easement in this manner, no matter what he says.
You'll want to dig out a copy of your closing papers from when you purchased the property and look for the easement. It is part of the legal description of your property. If you are in N. King or S. Snohomish County, Helmut Kah in Woodinville would be good to address this for you. You can find any washington attorney in the lawyer directory at www.wsba.org Hope this helps. Elizabeth Powell
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