Common Queries:

- “What is an easement, and how does it affect my property?”

- “How to remove an easement in Washington State”

- “Can an easement stop me from building?”

- “Title company didn’t disclose easement, what can I do?”

- “How to resolve easement disputes in Tri-Cities”

Step 1: Understand the Easement

The first thing you need to do is fully understand what the easement is and how it affects your property. An easement is a legal right that allows someone else—often a utility company or a neighbor—to use a portion of your property for a specific purpose. Common examples include access roads, utility lines, or drainage systems. While easements can benefit the community, they can also restrict your ability to build on certain parts of your land.

If this easement wasn’t disclosed during the title search, it could be because the search wasn’t thorough enough, or the issue wasn’t flagged properly. This is where working with a Title and Escrow Company that has extensive experience, like Cascade Title Company, is crucial. Their deep knowledge of the Tri-Cities area ensures that potential issues like easements are identified early in the process.

Step 2: Review the Easement and Consult with Professionals

Once you’ve identified the easement, review all the details. Contact your Title and Escrow Company and request a copy of the easement documentation. If you’re working with Cascade Title Company, their team will help you understand the implications of the easement and explore your options. They can also check if your title insurance policy offers any protection against undisclosed easements.

Step 3: Explore Your Options for Resolving the Issue

Depending on the nature of the easement, you may have several options. If the easement significantly impacts your ability to build, you might consider negotiating with the easement holder for a modification or even a removal. In some cases, legal action might be necessary if you believe the easement was improperly applied or not disclosed correctly.

Cascade Title Company can connect you with local real estate attorneys who specialize in easement disputes, helping you navigate the legal complexities. They can also advise you on how to work with the easement holder to find a mutually beneficial solution. 

Step 4: Prevent Future Surprises

To avoid similar issues in future transactions, ensure that any title searches include a comprehensive review of potential easements and encroachments. Cascade Title Company, with over 28 years of experience in the Tri-Cities, excels at identifying these potential problems before they can derail your homebuilding plans. By working with an experienced Title and Escrow Company, you can ensure that your dream home is built without any unwelcome surprises.

If you’ve found yourself facing an unexpected easement, following these steps and working with the right professionals can help you manage the issue and move forward with your homebuilding project.