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I own a 5 acre parcel of land in state. There exists an

Customer Question
I own a 5...

I own a 5 acre parcel of land in Washington state. There exists an easement for ingress,egress and utilities over a portion of my property that serves the parcel to the south. I need to know if I legally have the right to use the existing driveway within that easement to access my property from the public right of way as long as I am not hindering the use of it by the property owner who has legal use of it.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No. I was just going to construct a driveway off of the existing driveway

Lawyer's Assistant: Have you talked to a WA lawyer about this?

No

Submitted: 2 months ago.Category: Real Estate Law
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Customer reply replied 2 months ago
I've attached a copy of the Short Plat that created this easement.
Customer reply replied 2 months ago
The easement is in the Southwest corner of lot 1. I own lot 1.
Answered in 2 hours by:
3/30/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,424
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

Thanks very much for your patience. The answer to your question is no, you can't use the easement to access your property from the public right of way unless some exceptions are met. First, if the owner of Lot 2 agrees to let you use this easement for those purposes, then you can use it. Second, if this is the only way for you to access your parcel, then you can use it as well. This is considered an easement by necessity and the courts are often willing to let those easements stand so people can access the land.

Otherwise, the law is going to treat this easement like any other agreement for someone to use your land. You can't interfere with their right and enjoyment of the land at all unless and until you have their permission to do so.

Because I value your input, I would like to know what other questions did you have for me today that I can help you out with:-)?

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Real Estate Lawyer: Legal Eagle, Lawyer replied 2 months ago

Hi, I noticed that we never had a chance to reconnect on this. I’m totally ready to help. Did you have any follow up questions for me or any other facts to add? If not, would you be so kind as to rate your opinion of my service?

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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