Easement

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Easement

neighbor and i both own raw land next to each other. I get to mine through his easement which is rough and can only get a 4 wheel drive in. He is not willing to fix his road and knows Ive been filling holes etc. I even offered to pay half. He has a large pile of gravel that I offered to spread out but said no. he doesn’t visit the property at all, only owns it and I don’t want to continue putting my money into a road that is adding value to his property. I have an easement that continues through my property and already paying to keep it up. What kind of laws are out there for people who do not maintain and easement for others to use? this is in Washington State

Asked on July 24, 2019 under Real Estate Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

He has no obligation to maintain the easement for you. The easement gives you the right to access or traverse his land, but it does not make him your "landlord" who has to keep it up because you are paying him for the purpose. The easement is for your benefit, not his; he is not under an obligation to spend  any money at all on it. He also does not need to let you lay gravel on (i.e. make a change to) his property. Again, your only right is to access his land, and his only obligation is to allow you to do so.


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