Legal Question in Real Estate Law in Washington

Homeowners Assoc. - access to property

I own a parcel in a community that has a homeowners association. The parcel does not currently have access to the road and will need a driveway that will have to use the community property bridal way. Is the association/community required to provide me with access from my property to the road? I would pay for this undertaking, and I am just concerned whether this request could be denied.


Asked on 6/06/09, 9:14 pm

1 Answer from Attorneys
Scott Weitz Weitz Law Firm, PLLC

Re: Homeowners Assoc. - access to property

Typically, there will be language in the deed granting you an easement.

If not, you will have a strong argument for an 'easement by necessity'. In Washington, a landlocked owner could condemn an easement for access.The route of said easement must not 'unreasonably burden' the condemnee across where the land passes.

Hope this is helpful.

Regards,

Scott Weitz

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Answered on 6/07/09, 11:49 am


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