My question involves real estate located in the State of: Washington state
2 years ago we purchased a bank owned property as is. Previous owner accidentally put the well on neighbor's property. Both lots are 6 acres and it was an honest mistake as the access road was going through the neighbors lot. The neighbor did the survey (which was never recorded) and made the owner sign a temporary 3-year easement to use the well and after that the well becomes neighbor's. Owner made a new access road and the neighbor built the fence on the property line. When we were buying the property, during the inspection we saw that the well is behind the fence and looks like on neighbor's property. We asked the bank and they dug through the papers and confirmed it. We still bought the place thinking that we'll be able to get a permanent easement or some kind of agreement with the neighbor. 2 years ago we negotiated the agreement with neighbor that we will buy a little piece of his land with well on it for $7400 if he proves with recorded surveys that it is on his land and he has to pay for that. After this he went quiet and we didn't hear from him for 2 years. We rented out the property shortly after. Few days ago we got a phone call from him telling us that he will do the survey but he wants us to pay for it and then he will give us 24 hours and will shut off the water. The amount he demands now is $9200. He forgot our previous agreement but we still have the paper. Our questions are: 1. Can we claim an adverse possession? We have been using the well and maintaining it. The electric supply is from our house. 2. If he shuts off water, what are our options? 3. Can we get a permanent easement from a state as it is the water source for the property?
2 years ago we purchased a bank owned property as is. Previous owner accidentally put the well on neighbor's property. Both lots are 6 acres and it was an honest mistake as the access road was going through the neighbors lot. The neighbor did the survey (which was never recorded) and made the owner sign a temporary 3-year easement to use the well and after that the well becomes neighbor's. Owner made a new access road and the neighbor built the fence on the property line. When we were buying the property, during the inspection we saw that the well is behind the fence and looks like on neighbor's property. We asked the bank and they dug through the papers and confirmed it. We still bought the place thinking that we'll be able to get a permanent easement or some kind of agreement with the neighbor. 2 years ago we negotiated the agreement with neighbor that we will buy a little piece of his land with well on it for $7400 if he proves with recorded surveys that it is on his land and he has to pay for that. After this he went quiet and we didn't hear from him for 2 years. We rented out the property shortly after. Few days ago we got a phone call from him telling us that he will do the survey but he wants us to pay for it and then he will give us 24 hours and will shut off the water. The amount he demands now is $9200. He forgot our previous agreement but we still have the paper. Our questions are: 1. Can we claim an adverse possession? We have been using the well and maintaining it. The electric supply is from our house. 2. If he shuts off water, what are our options? 3. Can we get a permanent easement from a state as it is the water source for the property?
Trespass: Well Was Accidentally Placed on Neighbor's Property 16 Years Ago
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