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Recorded easement


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#1 comeonman

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Posted 19 November 2012 - 11:02 AM

As the grantor of an easement that states existing driveway, currently hard pack dirt and small rock. Shared maintence is stated. The question is am I required to allow my property be paved for the benefit of the neighbor? Do I have to pay for improvements? I am in Washington.

#2 adjusterjack

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Posted 19 November 2012 - 01:11 PM

As the grantor of an easement that states existing driveway, currently hard pack dirt and small rock. Shared maintence is stated. The question is am I required to allow my property be paved for the benefit of the neighbor? Do I have to pay for improvements? I am in Washington.


Unfortunately, without actually reading the easement document in its entirety, all I can do is guess that no, you don't have to allow the paving over of the driveway. Period.

Once you've established that, you don't have to be concerned about paying for it if it won't be done.

I do suggest, however, that you take the easement document to an attorney and have the attorney put the neighbor on notice that the driveway remain as is.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 FindLaw_Amir

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Posted 19 November 2012 - 01:39 PM

I agree with the previous poster, this is a matter you may wish to discuss with a local Washington Real Estate Lawyer to address.
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#4 kassounilaw.com

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Posted 14 February 2013 - 09:50 AM

The maintenance agreement should specify the responsibilities. From what you have described, your only responsibility is to repair and maintain the existing easement as it is, not to improve it with hardscape.

Your neighbor cannot force you to pave the driveway or to pay for anything other than repairs to the existing condition of the driveway.
However, these comments are made without having reviewed the maintenance agreement.

Edited by FindLaw_AHK, 14 February 2013 - 11:09 AM.
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