Legal Question in Real Estate Law in Washington
Who is Responsible for Payment?
A fence is set between our house and a neighbors house. The fence was damaged during a storm. There is an easement giving 3 feet of property to the neighbors property for a fence covering the entire length of the property line. Who is responsible for paying for removal of the destroyed fence and shrubbery? We offered to assist time and labor to remove the deris but now the neighbor wants to pay someone to come in and remove it. We do not have the money to do this and we only offered our time and labor to remove the debris. Who is legally responsible for this cleanup and the costs associated with it?
1 Answer from Attorneys
Re: Who is Responsible for Payment?
From the facts you provide it sounds as though the neighbor is responsible, although I'd have to read the easement agreement to be sure.
The fence belongs to the person whose property it is located on. That person can choose to ignore the problem, rip out the damaged fence/shrubs, or replace it. I cannot tell from the facts you provide who owns the fence and the shrubs.
If you want to share the easement agreement contact my office. Elizabeth Powell
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