Can I move an "prescriptive" easement within the boundaries of my property.

Real Estate 3 views 3 answers
Currently this easement dissects my property and lowers my property value. I would continue to provide a "driveway" but would like to move it to the edge of my property

Attorney Answers

3
Shawn Alexander ·
I agree with the answers above. If the easement is perscriptive the you should be able to relocate it provided it is not unreasonable. And your stated purpose is reasonable, from the facts. Go see a local lawyer and start the process. Good Luck
0 upvotes
Eric Nelsen ·
You would need the cooperation of the parties who are benefitted by the prescriptive easement, but in that case it could be moved. You're not likely to be able to do it without their cooperation. There are some practical ways you might be able to convince them to cooperate, usually involving giving them something good--like paying for the cost to develop the new road or something like that. If you can't get their cooperation, then I'd suggest consulting with an attorney to review the full situation, determine whether the prescriptive easement is truly unavoidable, and whether there are any options that might give you sufficient leverage to force a change in location.
0 upvotes
Dwight Alan BickelReal Estate AttorneySeattle, WA ·
The owner of property burdened by an easement for access has a little more power than the prior answer. Within limits of reasonableness, even without cooperation by the neighbor a court is likely to permit the location of the easement to be moved to a location that is less burdensome to you, but not an unreasonable interference with the rights the neighbor has acquired from prior use for over ten years. I agree with recommendation to work with a lawyer retained to contact and negotiate an agreement with the neighbor. While in that process, include terms about maintenance expectations. I would expect you to assume all the costs to move the road to its present usability, but the neighbor should be responsible for continuing maintenance due to the neighbor's use.
0 upvotes

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