Legal Question in Real Estate Law in Washington

I have an maintanance easement granted for an encroaching neighbors deck. Can I fence on my property line in the easement too the deck? My nieghbor doesn't think so, but , I will have a gate to alow access for maintance purposes within resonable notice per the easement agreement.


Asked on 3/02/10, 12:50 pm

1 Answer from Attorneys
Amir John Showrai The Pacific Law Firm, PLLC

I would need to see the language of the easement granting the neighbor this maintenance ability, and if possible photos of the deck's proximity to your property to get an idea of what is possible. That said, as long as your fence does not in any way impinge on your neighbor's deck or his ability to use and enjoy it and to maintain it, then I do not see why you cannot build your proposed fence, but then again, as I wrote above, I would need to see the exact language to have a better idea.

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Answered on 3/08/10, 2:49 pm


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