Legal Question in Real Estate Law in Washington
pathway on private lot
I purchased a piece of property in Bellingham, WA. It is the only vacant piece of land for a few miles. A couple of the neighbours behind my property have taken it upon themselves to create a pathway on my lot. This shortens their walk by - perhaps - a minute. I have owned the property for four years, however, this has been going on for - perhaps - thirty years. I plan to build on this property within a year. I own the property free and clear. Can the people, who are using this as a pathway, block any building permits?
I appreciate your help AND your site!
1 Answer from Attorneys
Re: pathway on private lot
You'll first want to determine whether this property is within the corporate boundaries of the city, or in the county. The answer to that question will determine which planning and land use department you will contact to get your building permits, etc.
Then, take a look at your closing documents. Is there an easement included with the legal description of your property?
Easements can arise without any paper IF the ONLY way that your neighbor could possibly access their property is across yours. That does not sound like what you are describing, but if you were in my office, I would clarify this point.
The people who are taking a shortcut through your property have no standing (based on the facts you are providing) to object to your proposed building permit.
There may be other issues, such as wetlands or slopes that create a problem for you, but no, the short answer to your question is that an informal pathway across your land likely does not create an easement.
Hope this helps. Elizabeth Powell
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