Washington Easement Dispute Lawyers Protecting Your Property Rights

A shared driveway has been blocked. A neighbor says you can no longer cross part of their property to reach your home. Or someone has started using your land for access without your permission. Easement disputes like these can interfere with how you use and enjoy your property.

Since Lovik & Juhl, PLLC, was established in 2004, its easement lawyers have been helping Washington property owners understand and protect their rights in real estate law.

Understanding Easement Rights In Washington

An easement generally gives someone a right to use another person’s property for a specific purpose. The exact rights involved depend on how the easement was created and its terms.

Common types of easements include the following:

• Express easements: These are created through a written agreement, deed or other document that establishes a right to use property.
• Implied easements: These may arise from the circumstances surrounding the division and prior use of a property, even without an express written agreement.
• Prescriptive easements: These can arise after certain use of another person’s property for the required period. Washington courts generally apply a 10-year prescriptive period and require specific elements to establish this right.

An easement does not necessarily give someone unlimited use of another person’s land. Disagreements may arise when someone blocks lawful access, expands the use beyond the easement’s scope or interferes with another property owner’s rights.

How The Firm’s Attorneys Can Help Resolve An Easement Dispute

Determining who has the right to use a driveway, road or other part of a property may require more than looking at the land itself. Attorneys at Lovik & Juhl, PLLC, can review the history and documents connected to the property.

Depending on the dispute, they can help by doing the following:

• Reviewing deeds and property records: The firm’s lawyers can examine documents to determine whether an easement exists and what rights it provides.
• Evaluating property use: The history of how owners have accessed or used the property may be important, particularly in prescriptive easement claims.
• Negotiating a resolution: An agreement may resolve access or use issues without the need for a court case.
• Pursuing litigation: When necessary, the lawyers can pursue or defend claims involving easement rights, including quiet title actions.

They also assist homeowners with related real estate matters, including boundary disputes and homeowners association (HOA) conflicts.

Common Questions About Easement Disputes

Easement rights can depend heavily on the property’s documents, history and use. These answers provide a general overview of common questions Washington homeowners often have.

What kind of lawyer do I need for an easement?

A real estate attorney who handles property disputes can help with easement issues. Easement lawyers can review deeds, surveys and other records to determine what rights may exist and how they can be enforced.

What is considered abuse of an easement?

Problems can arise when someone uses an easement beyond the rights it provides or unreasonably interferes with the property. Whether particular conduct violates an easement depends on its terms and the surrounding circumstances.

Do I own the easement in front of my house?

Not necessarily. An easement generally provides a right to use property rather than ownership of that property. Your deed, title records and other documents may help establish who owns the land and who has easement rights.

What are the three types of easements?

Three commonly discussed types are express, implied and prescriptive easements. Each can arise differently, so determining which applies may require reviewing the property’s documents and history.

Discuss Your Easement Dispute With A Washington Attorney

Access disputes can become harder to resolve when they continue. Contact Lovik & Juhl, PLLC, to discuss your property rights and possible next steps with an experienced lawyer. Call the office at 206-649-7504 or use the firm’s online contact form.