Full question:
We have property that was purchased with a 20 foot easement. We did now know where the easement was until we had a survey completed. Neighbors garage is on the easement by approximately 12 feet. We have sent a letter from us to figure out how to correct the problem with no response. Where do we go from here? Can we file a motion on our own? We do not have money for attorney fees. What forms do we need?
- Category: Real Property
- Subcategory: Encroachment
- Date:
- State: Washington
Answer:
If your neighbor's garage is encroaching on your easement, you may consider filing a quiet title action or a trespass to try title action. A quiet title action helps determine ownership of land and can request the court to issue an injunction, which is a court order to either compel or prevent certain actions. This is particularly relevant in cases of encroachment.
In such cases, you might be awarded the fair value of the property encroached upon. The court typically assesses this value based on expert evidence regarding comparable properties in the area. To seek punitive damages, you must demonstrate that the neighbor acted recklessly, showing a conscious disregard for your property rights.
If the surveyor who provided the survey was negligent, they may also be liable for any harm caused by their errors.
An easement allows specific use of another's land, and a right-of-way is a type of easement that permits travel over that land, as long as it doesn't interfere with the owner's use and enjoyment.
Since you have not received a response from your neighbor, you may proceed with filing a motion on your own. However, be sure to check your local court's requirements for self-representation and necessary forms. Users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.