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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36580
Experience:  16 years real estate, Realtor. Landlord 26 years
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I bought 3.5 acres a couple of years ago that the previous

Customer Question

I bought 3.5 acres a couple of years ago that the previous owner had split off of a 12 acre parcel. The main driveway is on my property that leads to my shop and the neighbors house. When the original owner split the 12 acres up into 3 parcels she didn't add a easment to the house. Do I have to continue to allow them access down my driveway?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can you tell me how long the drive has been used to access the neighbor's property?

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Do they have any other way to reach the closest public road?

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thanks

Barrister

Customer: replied 1 year ago.
The driveway has been used for at least 6 years maybe longer. Thier property borders the county road. So they could put in a driveway at a different location.
Expert:  Barrister replied 1 year ago.

Ok, if it has been over 7 years, then the neighbors could claim a legal "easement by use" under the legal doctrine of "adverse possession". In Washington the period of time for adverse possession must be at least seven (7) years. Washington Code §7.28.050-.090.

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If they haven't been using that route across your property for at least 7 years, you could block off access and then post the drive as private property and then prevent them from using your land to access theirs if they have an alternate route to the nearest public road.

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thanks

Barrister

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