Posted by John Merchant on April 25, 2007 at 16:26:36:
I look for LL lots because WA law is very clear that the adjoining neigbor, or one of them, must grant you access and permit you to cross over his property.
And since this issue so often frustrates land owners, they often just want to sell cheap and let somebody else fight their neighbor.
I’d get a title commitment so you’d learn if the previous easement was ever put into writing but even if not, your lawyer could likely quickly settle this with a letter to that neighbor…as HIS lawyer would tell him the same thing…and would encourage your neighbor to work out some kind of money deal with you rather than spend his time and money going to court on a suit he’s going to lose.
I’m looking at a repo man home wherein the former owner was the nephew of the adjacent property owner. The uncle allowed access thru his property and delivered water thru his well. Once the nephew defaulted, the uncle cut off access and water. Drilling a well is not an issue, I already confirmed that with the proper authorities and have an estimate from a driller. The issue is obviously access. this is a view property with a very steep slope down to the county road and on top of that there is a cement irrigation canal in the way. If there was a previous agreement/easement can the property owner cut it off and leave a resulting landlocked property? i realize this is a state by state, county by county issue but I thought maybe some of you would have thoughts and/or direction. It is in Washington state. Thanks for any help.
Jerry