Full question:
Our family has owned property which includes a creek creating an informal boundary between two government lots. The land has not been surveyed, and the creek meanders. At one point, we built a bridge across the creek to connect the two government lot properties. When my mother died, she willed one of the lots to my younger brother, who wants to sell the land. Access to his property is on a road on our government lot, then across the creek on the bridge. My question is we want to prevent any buyer from access to the property through our property and across the bridge. Can we do that?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Washington
Answer:
The ability to restrict access depends on the existing easements or licenses and the ownership of the lots. Generally, only the owner of a property can grant an easement or license to cross another property. If your brother is the sole owner of his lot and you are the owner of the other lot, he cannot give an easement to cross your property.
An easement is a property right that allows someone to use another's land for a specific purpose. There are different types of easements, including:
- Appurtenant easements: These are tied to the land and transfer with the property when it is sold.
- Easements in gross: These are personal rights and typically end when the individual dies.
Once an easement is established, it usually remains in effect unless terminated under specific conditions, such as abandonment or misuse. To terminate an easement, the purpose must no longer exist, or the ownership of the easement and the land must merge.
If there is no existing easement, you may be able to prevent access, but if an easement exists, you may need to seek legal advice to understand your rights and options. You can check the county recorder's office for any recorded easements or rights of way related to your properties.
Legal proceedings may be necessary to clarify easement rights. If you believe the easement is being misused, you may have grounds to seek legal remedies.
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.