[WSBARP] Old Survey Creating Easement

[Jeff at bellanddavispllc.com]

Listmates:  

 

1973 Survey shows platted lots with a 60' access roadway.  The same person
purchased additional property that used the same access roadway.  These
areas subsequently became a homeowners association which maintains the
access road.  The roadway cuts through a small corner of a parcel not within
the HOA.  Otherwise, the roadway is entirely on HOA property.  The owner of
the parcel outside of the HOA claims an easement through HOA property to use
the access road, although the parcel is accessed through another route.
That parcel does not have a "deeded" easement over the access roadway, which
is still a private road; it has never been dedicated to the County.

 

I can go both ways on this, but it seems the HOA has an argument that the
parcel, not in the HOA, does not have an easement and cannot use the access
road unless it obtains a written easement.  Your thoughts?

 

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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