How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37378
Experience:  16 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

Our new neighbors want to widen the existing easement. No

Customer Question

Our new neighbors want to widen the existing easement. No one owns the easement and we want to keep our easement as is. There are six families who use the easement. What should we do?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Washington and the land is rural agricultural.
JA: Has anything been filed or reported?
Customer: No. It was just surveyed without a word to the neighbors and they know we want the easement left as it is.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Our family has lived here on this property for six generations and we have never had any problems with this. We have bump outs when we meet on the road.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

When you say "easement" are you talking about an actual written recorded easement that shows up on a deed stating that you have a legal right to use a strip of land owned by someone else?

.

Who actually owns the underlying land that the easement is on according to the county land records office?

.

.

thanks

Barrister

Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Barrister replied 9 months ago.

I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

.

However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

.

I am more than happy to continue on the website though..

Customer: replied 9 months ago.
Continue
Expert:  Barrister replied 9 months ago.

Ok, so can you provide the information I asked about? I kind of need that to continue...

.

When you say "easement" are you talking about an actual written recorded easement that shows up on a deed stating that you have a legal right to use a strip of land owned by someone else?

.

Who actually owns the underlying land that the easement is on according to the county land records office?

Customer: replied 9 months ago.
There are people living here who did not file easements because they inherited their acreage and we were family, I have an easement with my aunts name and my son has one with access to all of the properties from the same aunt but she is deceased
Customer: replied 9 months ago.
New neighbors have an easement from the seller of the old home they purchased.
Expert:  Barrister replied 9 months ago.

Ok, the way an easement works is that someone owns a piece of land. Someone else has a right to use that piece of land, usually to enter and cross over to get to their land.

.

So who owns the underlying land that the easement is on?

.

.

thanks

Barrister

Customer: replied 9 months ago.
We each own a section bordering the edges of our property. No one owns the entirety of the road
Expert:  Barrister replied 9 months ago.

Ok, so how would the new neighbor widen the easement route without encroaching on someone else's property?

.

An easement has a specific predetermined boundary...like 11 feet wide by 100 fee long and is normally recorded in the local land records office and shows up on an overhead plat of the area designating its specific location on the plat.

.

I am kind of picturing something like an alley that everyone uses to get to their property...

Customer: replied 9 months ago.
He wants to widen it and have us all agree. We won't agree. This is a very old County lane and we won't agree to his request to widen it. He can use it but wears hoping he can't force us to widen it because he would be on sections we own
Customer: replied 9 months ago.
I mean country road
Expert:  Barrister replied 9 months ago.

Ok, now I understand... And if you are asking if he can force you to agree to widen it, then the answer is no. This would require every property owner who borders the road to agree to give up a little of their land and allow all the other owners to have an easement over it. But if any one person refuses, then that would create a bottleneck, kind of like an extended hourglass shape because the holdout could prevent anyone from entering their property.

.

So the bot***** *****ne is that the neighbor can't force any other owner to widen the easement if they refuse. And if they enter onto your land without permission, they are trespassing, and you can file a formal criminal complaint against them for doing so.

.

.

thanks

Barrister

Customer: replied 9 months ago.
Thank you. That is what we thought. You are right and it could be widened by 15 feet from the existing center line. He already surveyed and even came inside o of my lane which we built off the main county road. It had no easement to anyone.
Expert:  Barrister replied 9 months ago.

Well, I might consider "drawing a line in the sand" and having a local attorney send him a letter stating that you will not be agreeing to any widening of the easement and any entry onto your property will be considered a criminal trespass and be dealt with accordingly...

.

Sometime you have to respond to pushy neighbors like this with a bit of force to back them off..

.

.

thanks

Barrister

Related Real Estate Law Questions