Legal Question in Real Estate Law in Washington
Private gate into county park
My home has a county park behind it. 10+ years ago the county fenced the park and with my permisson, because of trees, installed it about 6'' onto my property. I installed a gate in this fence with their implied approval. Currently the county improved the park and now wants to license all new and existing gates. The agreement they've sent for me to sign indicates; I'm requesting a gate be installed (when it's existing), holds me liable for all costs, even removing it if they change their policy and states that ''parties have participated and had equal opportunity to participate in drafting this agreement''. This license is also not trasferable. My questions: 1. Should I sign an agreement that makes false statements? 2. Do I have any rights since this is an existing gate that has been used regularly for 10+ years? 3. Does the fence being on my property have any bering on what the county can require? 4. Do I have recourse if they decide to put up a second fence on their side of the property line? Thank you.
1 Answer from Attorneys
Re: Private gate into county park
I can't give you an opinion without reviewing the entire document, although I can tell you are trying to give me the critical language.
When a document says you have participated equally in drafting that document, this should be a tip-off that you really need to spend the money to set up an appointment and go see a local attorney. Take the document with you.
The effective boundary of the park and your property shifted when the fence was installed six inches onto your property.
Interesting that they say they are granting a non-transferable license.
You should be sure to have your own attorney review the document and if necessary offer revisions. The fact that the gate has been in existence for several years does not give you new rights; the fact that the fence was put up years ago with your permission may have prevented adverse possession of your property by the County, and this document may spell out your duties and obligations by acknowledging the gate exists.
But a local land use/real property attorney is going to have to look at the entire document in order to tell you.
Sorry I can't be more helpful, but . . .
Elizabeth Powell
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