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Cliff, I have a private road in the back of my property that…

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Cliff Foster Lawyer's Assistant:...

Cliff Foster

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

I have a private road in the back of my property that I have had access to for over 25 years until a new neighbor bought the property. The old owner even helped me set the posts for the gate. I used the access for an RV for many years and have a gravel driveway to the gate.

Submitted: 2 years ago.Category: Real Estate Law
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Answered in 3 minutes by:
2/25/2016
Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,190
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Welcome to JA and thank you for requesting me.

Can you tell me the State that your question pertains to?

I have a private road in the back of my property that I have had access to for over 25 years until a new neighbor bought the property. The old owner even helped me set the posts for the gate. I used the access for an RV for many years and have a gravel driveway to the gate. You do not actually have any ownership interest in the road, is that correct? Is this the only access that you to the back of your property?

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Customer reply replied 2 years ago
It is the only access to the back of my property,
Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago

Not all of the attorneys on the site are licensed in States that permit phone calls. It would be my pleasure to continue in this format with you at no additional charge to you.

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Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago

What we would want to establish is that you have an easement by necessity as this is your only access to the back of your property and you have been using the road in excess of 25 years. Can you tell me the State where your property is located?

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Customer reply replied 2 years ago
Tacoma, WA
Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago

This is general overview on the law of easements. Give a few moments to provide more specific Washington law references and provide a link for attorneys in your area that provide free consultations so you can move on this quickly.

http://www.realestatelawyers.com/resources/real-estate/land-use-and-zoning/washington-easement.htm

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Customer reply replied 2 years ago
My property
*************
Tacoma, 98422
New neighbor
*************
Tacoma, WA 98422
Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago

This can also fall under an implied easement

"Implied Easements

As mentioned above, even when no document or agreement has created an express easement, an easement right may still be understood (or "implied") by a situation or circumstances. To create an easement by implication, three requirements must be met:

  • The easement must be at least reasonably necessary to the enjoyment of the original piece of property.
  • The land must be divided (or "severed"), so that the owner of a parcel is either selling part and retaining part, or subdividing the property and selling pieces to different new owners.
  • The use for which the implied easement is claimed must have existed prior to the severance or sale."

- See more at: http://realestate.findlaw.com/land-use-laws/express-and-implied-easements.html#sthash.v95S7o3S.dpuf

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Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago

There are easily two theories that this could fall under. This is either an implied easement or an easement by necessity or both. http://www.realestatelawyers.com/resources/real-estate/land-use-zoning/washington-easement-law.htm

Perhaps a demand letter from an attorney will resolve this issue with the new owner quickly. This is a link for local land use attorneys that provide free consultations. http://lawyers.findlaw.com/lawyer/firm/land-use-zoning/pierce-county/washington

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for mu work I would appreciate it.

Thank you for using JA!

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Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago

Do you have any additional questions for me?

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Real Estate Lawyer: Attyadvisor, Attorney replied 2 years ago

Cliff you may not be aware that the attorneys on the site only receive compensation for their work if you rate their service positively.

Thank you for your consideration.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. Thank you again for requesting me.

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