Property Disputes FAQs

WHAT IS AN EXPRESS EASEMENT?

An easement can be expressly agreed to by the parties by signing and recording it in the County Recorder’s office. In other cases, such as a utility easement, the power company may require an easement across multiple landowners’ properties for installing, maintaining and repairing power lines. In some cases, owners may receive compensation for any losses suffered on their properties as a result of the easement. These easements are also recorded in property records. Purchasers of real estate may find references to easements when conducting a title search and should review these documents closely to understand how the property may be impacted.

WHAT IS AN IMPLIED EASEMENT?

These types of easements are created by implication or sometimes ruled on by a court if contested. These easements are not discoverable just by looking at the recorded documents and title of the properties because they arise from what is actually happening on the ground rather than from any property documents. If a landowner’s property is landlocked and the owner cannot access a public road without crossing an adjoining owner’s property, this may create an easement by necessity. An easement may also be created by a party openly using a portion of another person’s property for a specified purpose over the objection of the owner of the property for an extended period of time (10 years in Washington). These types are typically not memorialized in the Recorder’s Office and often come as a surprise to a property owner. Implied easements often become contentious and are often challenged or enforced through the litigation process. Each dispute is highly fact specific and can involve significant research, property record searches and complex discovery. In these circumstances, a real estate attorney can assist you in understanding your rights and obligations and navigating the legal process.

NEED HELP IN HOW TO AVOID PROPERTY DISPUTES?

An easement is a non-possessory interest that allows one to use someone else’s property for a stated purpose, i.e. for ingress and egress.  For example, an owner may dispute the way in which the easement holder is using his property. If an easement permits a neighbor to cross an owner’s property to access the neighboring parcel, but the neighbor begins parking vehicles on the owner’s land instead, this would be a disagreement in the terms of the easement. In other cases, the landowner may deny the existence of the easement and attempt to block the neighbor’s use entirely. There are many ways in which one can get tangled up in a dispute with their neighbor and it is always best to consult with a property lawyer who can provide you with useful advice.

Parties on either side of a boundary or easement dispute may be forced to take legal action to challenge or enforce the terms of the easement. When the parties are unable to settle their dispute, they may be required to litigate the issue in court to resolve the matter. If either party can prove that they have suffered monetary losses because the other side has either used their land without an easement right or has prevented them from using their easement rights, they may also be entitled to recover damages as part of the process. Disputes can involve complicated legal arguments and the outcome may impact property values or restrict a party’s use of property. It is important, therefore, to consult with an experienced real estate attorney to represent your interests in an easement dispute.

If you need assistance with a residential easement or boundary related matter, contact my firm today to speak to a Snoqualmie, Carnation, North Bend Fall City, Redmond, Issaquah and Sammamish real property lawyer. The firm also services clients in King County, Kittitas County and Grant Counties.