Real Estate Law

How to Resolve an Easement Dispute in Washington State

By March 20, 2021 March 22nd, 2021 No Comments

An easement allows an individual or entity to access a portion of your property for a specific purpose. For instance, if you have a driveway and your neighbor does not, you may decide to grant your neighbor an easement allowing them to use your driveway to reach their property. Or, perhaps a utility company owns an easement allowing it to access a part of your property to perform a service. While easements exist without much hassle, there are times when disputes arise that require legal assistance. Here’s a brief overview of common easement disputes and what steps you can take to resolve the issue.

Common Easement Disputes in Clark County

Easements can trigger a variety of legal disputes. For instance, if you purchase a home and a neighbor claims that they have a right to access your property under a previous easement, you’ll want to assess this situation to determine whether an easement exists without your knowledge. Other examples of easement disputes include the denial of the existence of an easement, stopping a party from using land to which they have a legitimate claim under a valid easement, and the failure of two parties to reach an agreement on the terms of an easement.

Strategies for Resolving Easement Disputes

In Washington state, easement disputes can be handled in a few different ways. If your property is subject to an easement that you wish to dispute, you may be able to pursue a court order that restricts or removes the other party’s easement rights. In some cases, you may be able to recover monetary damages to make up for any losses that the easement has caused. For individuals wishing to exercise their rights under an existing easement, you can seek to have these rights enforced or pursue compensation for the losses you’ve suffered as a result of the other party’s denial of your easement rights.

How a Trusted Vancouver Easement Attorney Can Help

Property laws in Washington state can be complicated and nuanced, especially when it comes to easement matters. Enlisting the guidance of an experienced real estate attorney can ensure that you understand your legal options fully. Whether you need help negotiating the terms of an easement or you need reliable legal representation in an easement litigation matter, your attorney will protect your best interests at every turn.

 

For more information about how to handle an easement or other property dispute in Vancouver or Camas, call John L. Davis PLLC today at (360) 597-4740.