[WSBARP] Drywell/easement issue

[Jeff at bellanddavispllc.com]

Listmates:

 

Clients purchased lot B which at one time had been part of a larger track.
The prior owner of the larger track, the common grantor, divided the
property into lots A & B, built a house on lot A and installed a drywell
which, initially, was entirely on lot A.  Over the years the common grantor
adjusted the boundaries between lot A & B in order to sell lot B.  The last
adjustment put the drywell completely on lot B.  The new owner of lot A
informed Clients about the drywell a few months after they purchased  lot B.
There is no recorded easement for the drywell and nothing visible above
ground that would put anyone on notice of the drywell.

 

Clients want the drywell off of their property.  It can be moved; the owner
of lot A already had engineered plans done for that purpose.  However, now
that owner is claiming a prescriptive easement, or even an implied easement
on lot B for the drywell.  I do not see how either theory applies, but
wanted to get your input.

 

Jeff

 

W. Jeff Davis

BELL & DAVIS PLLC
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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