Washington Property Easement Law

An easement is a non-possessory right of use in the land of another. Easements are generally divided into two catergories:

1. Easements Appurtenant – An easement appurtenant is an easement which benefits adjoining property, regardless of who owns that property. For an easement appurtenant to exist, there must be a dominant estate which benefits from the easement and a servient estate which is burdened by it. Easements appurtenant run with the land. This means that if the dominant estate is sold, the easement passes to the new owners.
2. Easements in Gross – An easement in gross is conveyed for the benefit of a specific individual. It cannot be sold, assigned, or inherited.

Easement Agreements Legal in Washington

Under Washington law, private easements may be created by including the donation or grant of the easement in a plat or short plat. The plat must specifically identify the property subject to the easement and set forth specific use intended by the grantor.

Washington law recognizes several other methods of creating easements:

• Express Easements – An express easement is created by deed or other written agreement.
  
• Implied Easements – Courts will find an implied easement exists where the facts surrounding the transaction indicate that the parties intended such a result.
  
• Prescriptive Easements – A prescriptive easement arises by adverse and hostile use of the servient estate. Such use must be open and notorious and must continue, uninterrupted, for a period of 10 years.
  
• Easements by Necessity – Easements by necessity or necessary easements arise where the easement is essential to the grantee's beneficial use and enjoyment of the dominant estate. Easements by necessity typically arise when the dominant estate is landlocked by the servient estate; such easements are usually for ingress to an egress from the dominant estate.
  

Common Property Right of Way Problems

Easement issues usually arise when a property owner erects improvements on his property without first obtaining a survey to accurately identify the boundary lines of his property. If the improvements encroach of the adjoining property, the court may order that the improvements be removed or that he pay the owner of the adjoining lands for an easement.

Issues may also arise where the grantee of the easement uses the easement for unauthorized purposes. In such cases, the grantor may have to file an action to enforce the easement.

Getting Legal Help

If you have an easement issue, it's best to seek the assistance of an experienced real estate attorney. He will conduct a title search and order a survey, if you don't have a current one. The attorney will review these documents along with the facts you've provided. After which, he will explain your options to you and recommend a course of action.