Neighbor Attempting To Block Easement With New Fence, in Washington, King County

by H 2013-07-22
We bought a property in which the back property line paralles a private road. Our title has no recorded easements, no does any property on our side of the street. All the houses across the private road have recorded easements stating all properties adjcent and abutting have ingress and egress.

Every property on our side of the road have fences that open or driveways on the backside. On our first day at the new house the backside neighbor had got a company to come out and put up a rock wall blocking 15 feet of our land from ever having a way to reach to road. She then told us that's nothing wait til you see the fence I'm going to put up.

(trying to do this during a change of ownership, she's lived there since 04 and never tried while the orginal owners had posseson. She saw the house go on the market after the death. It was only on the market 3 weeks) I think she was trying to take away the easement before it sold so any new owners wouldn't think they had rights on the private road that connects to public roads.

We advised her there is no way for her to connect a fence to any other section of her land and the only reason for her to do this is to block our access rights, and we were going to put a driveway in.

She then hires a surveyor that marks the boundry as the fence line. Writes us a letter stating as she thought the boundry is at our fence post and fence. And the rocks she just put in are on her property and she is going to tear down our fence and put up a new one in it's place that she owns and won't move the rocks.

I told her knowing the line doesn't change the easement rights granted to us by her title. Nor does it change the fact the portion of land can't be used as she see fit it is for the purpose of a road not for her to narrow the road, so a garden can be put in and block us. That her rocks interfer with the easement.

I went down to the county got a copy of her title and the recorded easement refered to in her title. And wrote her a letter to not tear down our fence and the problem with her rocks is it violate the easment document quoting that the portion of land where she is doing this is a road for ingress and egress and to maintained as such.

She then wrote us a letter saying that is not the intent of the document on her land that it was meant to describ her sole use. She claimed because our land doesn't have an easment recored it doesn't apply. And claims some lawyer is saying it is ok. (in reading her letters it doesn't sound like a lawyer has reviewed)

She then hired a fence company who we stopped and gave copies of all letters and title documents. The police were called said it's a civil matter. Fence company backed off and said he won't do anything without proof from her.

I have now written her a new letter, and a neighbor that we didn't know was involved over a 9ft section. I requested for a second time she cease and desist. I now address the letter to both people on title, and gave a copy to the new person and if I need to pull their title let me know, on the title I include my title showing that our property was established in 1952 with a road in front at the time.

That her property was established in 1957 granting our property access to the new road and has followed her title chain. So our property clearly had a street in front when the access was granted to the back by her title.

The other neighbor who we just found out was involved is being a brat too. Saying they don't want us to have a driveway, but what ever happens, happens. 2nd neighbors title states that the north 30feet of her property is road and subject to easement. We gave her too the packet. And just doesn't get it's not ok to tear down our fence and not even talk to us. Had the nerve to tell us were being neighborly. We didn't conspire to tear down her fence.

I advised that we would be willing to allow a fence as long as access was left. We had even advised her that we would be replacing the old fence leaving us access and willing to split only the cost of material and we would be doing the work. That we don't not want to split the cost of a company.

That we need to meet to settle the dispute and can meet without attorneys. If they would like to meet with attorneys with us I request all parcel owners present and if the address we have for the other person on the title is not right to let us know for servering purposes.

Can she legally tear down my fence and block our property from accessing the road? And if the cops say it is a civil matter and they won't stop the her, then do i have the right to cut a whole in the fence for access if she blocks us? She told us she would trap our vehicles in our yard in writting.

All of this transpires in writing as she stopped talking to us the first day we meet her. We now worry since the fence company told her they won't do it without legal proof that she will get a friend to do it.

She also accused us of trespass for driving over the easement into our property. And states if any vandalism happens she will look to us. This coming from someone who has vandalized our fence with spray paint.

It's not possible to trespass on a deeded granted easement is it?
Am I'm I right that she shouldn't do this?
that if she does I would most likely win in court as i can prove all I assert.
Re:Neighbor Attempting To Block Easement With New Fence, in Washington, King County
by Lowsparkk
I don't see anything in your post which would give her any right to tear down a fence you put up on your own land, if that's what you are talking about.

Take the title documents to a real estate lawyer of your own, and have the lawyer write letters to the problem neighbors stating your rights under the easement. I know you're trying to keep lawyers out and to save money, but the cost of a couple of letters should not be that much and right now it sounds like she's going to keep trying to shut you out unless she gets something stronger from you than your mere objection.
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