Legal Question in Real Estate Law in Washington

Maintainence of easement

I purchased a home about 2 months back and was told that it is a 8500 sq feet lot and then one fine day I get a citation from the city that the blackberry bush outside the fence needs to be cut . I was of the impression that outside the fence is not my property but found out that the 30 feet wide utility easement which stretches about an acre long is attached to my property and hence the city has sent me the notice as I am registered as an owner of that lot. I looked into the legal documents of the county which say that the 30 feet wide easement attached to my lot is for the benefit of the association and is maintained by the association. The association has sole responsibility for drainage facilities contained within the easement including but not limited to maintainence operation and upkeep. Do I have to cut those berry bushes or it is the HOA's responsibility??


Asked on 7/27/07, 6:17 pm

1 Answer from Attorneys
Elizabeth Powell ELizabeth Powell PS Inc

Re: Maintainence of easement

Great question. I cannot really answer it without looking at your legal description and a map, but I may be able to help you answer this yourself -

The easement is the right to 'ingress, egress and utilities' running over (or under) your property. There isn't a maintenance easement per se; it would be a maintenance agreement. Perhaps there is one. It could theoretically require the HOA to maintain your property. I cannot comment because I don't know enough about your situation.

But the easement is a property right, separate and distinct from the property itself.

You OWN the property. You GRANT an easement across it. The HOA has an easement, and the city has an easement.

Whether the HOA is required to cut the berry bushes turns on the precise language of the easement grant.

The easiest way to determine whether the HOA is responsible is to review the HOA books, figuure out whether there is historically a bill paid for brush clearing/blackberry removal. If the answer is yes, they have been doing this forever, there you are.

If the HOA books do not show that the HOA has ever paid to have the blackberries removed, then chances are it is your issue.

Did the seller disclose this?

Elizabeth Powell

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Answered on 7/27/07, 7:11 pm


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