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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37386
Experience:  16 years real estate, Realtor. Landlord 26 years
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We have a utility easement on our property. what are our

Customer Question

we have a utility easement on our property. what are our neighbors rights to that easement
JA: What property use does the easement allow?
Customer: utility. Can they move a power pole onto our property that would be better for them but not for us
JA: Where is the property located?
Customer: Yakima, WA
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes, I also have an easement from my property line to the street. (10 Yards) that Is part of my landscaping to the street. What are my rights to that property
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. 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.

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Utility easements are specifically worded to state what it is that they allow to have happen on the servient estate (i.e. your property).

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Do you have a copy of the language of the easement?

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thanks

Barrister

Expert:  Barrister replied 4 months ago.

Typically the easement will give the neighbor the right to use that particular area of land for their existing use, like if there is a sewer line or water line, or underground utilities.. It also gives them the right to maintain those utilities on the property if they need to be repaired or replaced. But if the land is disturbed due to the neighbor's actions in maintaining their utilities, they have to return it to that same condition, like replacing any landscaping.

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So it is going to depend on the language of the easement as to whether they could actually install a pole on the property, but I am inclined to say no as that would be an unreasonable interference with your property rights if there is not one already existing..

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thanks

Barrister

Customer: replied 4 months ago.
I am having a surveyor come by this week to clarify where the property lines are and where the utilities are. I just want to do what's right. My neighbor is an attorney and he will check me on everything. I am thinking about a fence to alleviate the problem.
Expert:  Barrister replied 4 months ago.

That can help as the old saying "good fences make good neighbors" is true.. But that wouldn't affect any easement as the easement holder has the right to unencumbered use of that area. So legally you couldn't install anything on that easement land, although it is unlikely to cause a fuss if you did...

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If you had a copy of your deed, it should have the easement language in it so you can see exactly what they have the right to use your land for..

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thanks

Barrister

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