Full question:
I'm buying a piece of property that has an existing waterline spur from a private, small community well running through it to a neighboring parcel. There is an ambiguous easement recorded by prior owners of both parcels that simply states an easement is granted. There are no other specifics regarding location, area, terms, etc. There is a letter on file dated two years after the easement was recorded, requesting the line be moved as it is not in compliance with the plan as intended by original parties agreeing to the easement. However the line is still there and running through the middle of this property. What are my rights, or limitations as the new owner of this property? Is this easement valid? Can it restrict me from use of this area of the property? ie restrict build site options. Can I have this easement revoked? Will my status as buyer vs owner change my ability to revoke this easement?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Washington
Answer:
The validity and impact of the easement depend on its specific terms and the relationship between the properties involved. Generally, only the owner of the land may grant an easement. If the owner of your property (Parcel A) is not also the owner of the neighboring parcel (Parcel B), they cannot grant an easement over your land.
An easement is a property interest that allows its holder to use a portion of another's land for a specific purpose. The easement should ideally detail its location, boundaries, and terms. If the easement is unclear, as in your case, it may lead to disputes about its validity and scope.
As the new owner, you may have limitations on how you can use the area where the easement exists, potentially affecting your building options. To revoke the easement, specific conditions must be met, such as:
- The easement's purpose no longer exists.
- The ownership of the easement and the land merge into one owner.
- The landowner releases the easement.
- The easement is abandoned or not used.
- Adverse possession by the landowner.
- A court judgment in a quiet title action.
- Misuse of the easement.
Misuse usually doesn't terminate the easement but may lead to legal claims. If you wish to challenge the easement, legal proceedings may be necessary to clarify its scope and validity.
Keep in mind that if the easement is appurtenant, it typically remains with the property even if ownership changes. Therefore, your status as a buyer versus an owner may not significantly alter your ability to revoke the easement.
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.