Legal Question in Real Estate Law in Washington

Property Easement

I have 3 property owners adjacent to my property that are ''land locked'' without easement rights to their properties. They have proposed to purchase an easement(30') on the southside of my property. This borders a neighbors property and would run within 25' of their home. If I grant the easement can the exisitng neighbor on my south sue for damages, claiming that granting of easement damaged her property value?


Asked on 5/06/09, 2:32 pm

1 Answer from Attorneys

Earl Morriss Land Law Washington, PLLC

Re: Property Easement

Generally, no, they would not have a cause of action against you for the easement - in Washington there are laws which might require you to give the land locked parcel access. But, since the access road is going to be built on your property you could be liable to the neighbor for a variety of issues related to the easement - damage to the house during construction, dust from the road after construction or noise/ nuisance from the road, etc. You might want the easement to be written so that the road is as far from the neighbor as possible...the road might only need to be 12 feet wide and it could be pushed up to the north edge of the easement and you might include some indemnity from the easement holders related to the road construction and use...you don't have to just sign a standard form easement, you are giving up a right in real property so you can name your terms - as long as you are reasonable. Please feel free to email any additional questions.

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Answered on 5/06/09, 2:58 pm


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