My question involves an easement in the state of: Washington
Hello all. My property is burdened by a 5-foot wide "driveway" easement that was created in 1978 (the neighboring property gave a reciprocal 5 feet, to create a 10-foot wide shared driveway).
The easement has been used to access a shared two-car garage since that time.
The owner of the dominant estate now wants to develop her property to add a garage for an additional 4 cars (!). That would mean the easement would serve 6 cars coming and going.
The original easement does not place any explicit limits on use (it just refers to ingress and egress).
Do I have the right to prevent the neighbor from expanding her use of this easement, so far in excess of its historic use?
Hello all. My property is burdened by a 5-foot wide "driveway" easement that was created in 1978 (the neighboring property gave a reciprocal 5 feet, to create a 10-foot wide shared driveway).
The easement has been used to access a shared two-car garage since that time.
The owner of the dominant estate now wants to develop her property to add a garage for an additional 4 cars (!). That would mean the easement would serve 6 cars coming and going.
The original easement does not place any explicit limits on use (it just refers to ingress and egress).
Do I have the right to prevent the neighbor from expanding her use of this easement, so far in excess of its historic use?
Use and Enforcement: Easements - Expanding Historic Use
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