Understanding Easements: Lessons for Contractors and Homeowners from Carter v. C&K Contracting
If you are a contractor building homes or a homeowner settling into a new property, you have likely heard the term “easement” before. But what does it mean, and how can it be modified? A recent Washington State Court of Appeals case, Carter v. C&K Contracting, Inc. (No. 40485-4-III), offers practical lessons about easements that can save you time, money, and headaches. Let us break it down in a way that makes sense for contractors and homeowners, focusing on what you can do to avoid trouble.
What Is an Easement?
An easement is a legal permission that allows someone to use part of your property for a specific purpose, such as a shared driveway or a utility line. In the Carter case, the easement was a strip of land along the boundary between two properties, intended for a private road and utilities. The issue? The owners on one side (the “western neighbors”) and their contractor, C&K Contracting, did not respect the easement, leading to a significant legal dispute.
Background: Stephen and Christy Carter owned a property next to two others owned by Dorian Reid/Robert McCool and the Fitzpatrick Living Trust. A 1990 easement agreement and property plats (maps showing how land is divided) stated there was a 40-foot-wide easement for a road and utilities along part of the boundary, narrowing to 24 feet in another section. The problem? The western neighbors’ properties had landscaping and plants blocking the easement, and their contractor had ignored warnings about it. The Carters sued to clear the path and enforce their rights.
Lesson 1: Know Your Property’s Easements Before You Build or Buy
For Contractors: Before you begin digging or planting, check the property’s title report and plat documents. These public records show any easements, such as those in the Carter case requiring a 24-foot-wide road. In this case, C&K Contracting ignored the easement rules and built landscaping that blocked the road. The court later ordered the western neighbors to remove those obstructions and pave the easement at their own expense. If C&K had checked the records and followed the rules, they could have avoided a costly problem.
For Homeowners: When you purchase a home, your title report will list any easements. Read it carefully! In Carter, the western neighbors bought properties from C&K but did not pay attention to the easement obligations. They even added more obstructions after the Carters warned them. If they had understood the easement from the start, they might have avoided a lawsuit and the expense of fixing the issue.
Practical Tip: Ask your lawyer, real estate agent, or title insurer to explain any easements on your property. For contractors, always pull the plat and easement records from the county before starting work. It is better to spend a little time upfront than to face a lawsuit later.
Lesson 2: Respect Easement Rules or Pay the Price
The Carter case shows what happens when you ignore easement rules. The court ordered the western neighbors to remove plants and other obstacles and pave a 12-foot section of their property to make the road usable. They had to pay for it themselves because the plat documents clearly stated that landowners and their successors are responsible for maintaining easements.
For Contractors: Do not assume you can build anything you want on a property. In Carter, C&K’s landscaping blocked the easement, and the court did not care that they were no longer the property owners. If you are developing land, ensure your plans align with the easement requirements. Consult the county’s public works department to confirm road standards, such as the 24-foot width required in this case.
For Homeowners: If your property has an easement, do not add anything—such as fences, trees, or sheds—that blocks it. The western neighbors ignored the Carters’ letter asking them to clear the easement and even added more obstacles. This worsened their situation, and they ended up with a court order to fix it at their own cost.
Practical Tip: If you are unsure whether your plans might affect an easement, consult a surveyor or a real estate lawyer. They can help you determine exactly where the easement is and what you can or cannot do with it.
Lesson 3: Easements Can Be Enforced by Neighbors, Not Just the County
A key takeaway from Carter is that you do not need to wait for the county to enforce easement rules. The western neighbors argued that only public officials could enforce the plat’s conditions, but the court disagreed. Because the Carters had a “beneficial interest” in the easement (they needed it for road access), they could sue to enforce it. This means your neighbors can take you to court if you block their easement rights.
For Contractors: If you are working on a project, assume that nearby property owners might notice if you do not follow easement rules. In Carter, the Carters warned C&K during construction, but the contractor ignored them. This led to a lawsuit that could have been avoided.
For Homeowners: If your neighbor is blocking an easement that affects your property—such as a shared driveway—do not assume you are stuck. You might have the right to take them to court, just as the Carters did. However, try talking to them first, as the Carters did with their letter, to avoid a legal dispute.
Practical Tip: Maintain open communication with neighbors about shared easements. For contractors, check in with adjacent property owners before starting work to ensure everyone agrees.
Lesson 4: Watch Out for Attorney Fees in Property Disputes
The Carter case also serves as a warning about legal costs. The western neighbors tried to claim the easement through “adverse possession” (explanation here: https://beresfordlaw.com/adverse-possession-in-washington-state/). They later dropped that claim, but the court still ordered them to pay the Carters’ attorney fees because the lawsuit involved adverse possession issues. This was based on a Washington law (RCW 7.28.083) that allows the winning side in an adverse possession case to request attorney fees.
For Contractors and Homeowners: If you end up in a property dispute, especially one involving easements or adverse possession, you could be responsible for the other side’s legal bills if you lose. In Carter, the western neighbors’ decision to ignore the easement and then raise (and drop) an adverse possession claim cost them extra.
Practical Tip: Before you take a property dispute to court, consult a lawyer about the risks, including the possibility of paying the other side’s attorney fees. It might be less expensive to fix the problem early, such as by clearing an easement, than to fight it out in court.
Final Thoughts
The Carter v. C&K Contracting case is a reminder for contractors and homeowners. Easements are not just lines on a map—they are legal obligations that can be modified, and can lead to significant problems if ignored. Whether you are building a new development or buying a home, take the time to understand any easements on the property. Check the records, follow the rules, and communicate with your neighbors to avoid disputes. If you do not, you might end up like the western neighbors, paying to fix obstructions and covering someone else’s legal bills.
By staying proactive and informed, you can keep your projects and properties on the right track. Do you have an easement question? Please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.
