How do I set up an easement in Washington state?

Easements can be created in a number of ways including by express (written) grant, implied from parties' conduct, and by prescription. Similarly, easements can be terminated in several ways: by expiration, by prescription and by abandonment, to name just a few.

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Declaration of Easement for Common Private Drive Among Several...

Private Road Easement Form

Category:

Real Estate - Easements and Rights of Way

State:

Multi-State

Control #:

US-00994BG

Format:

Instant download

Description

The Private Road Easement Form is a legal document designed for landowners who share a common driveway, outlining easement rights and responsibilities. This form establishes a perpetual easement allowing access to each property, ensuring all owners can utilize the shared drive for ingress and egress as well as utility connections. Maintenance responsibilities are detailed, requiring collaboration among parcel owners to keep the easement in good condition, which includes provisions for cost-sharing and decision-making regarding repairs and improvements. The form also includes mechanisms for dealing with unpaid costs through liens and defines how costs are apportioned among the owners based on usage and fixed rates. Ideal for attorneys, partners, property owners, associates, paralegals, and legal assistants, this document simplifies complex agreements into clear terms. It instructs users on filling in their specific information, including property details and addresses, and emphasizes the need for mutual consent in amendments. By utilizing this form, landowners can efficiently manage shared property rights and ensure the upkeep of vital access routes.

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How to fill out Declaration Of Easement For Common Private Drive Among Several Landowners And Agreement As To Its Maintenance?

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FAQ

In order to obtain an implied easement, the party seeking the easement is required to go to court, prove each of the required elements for the type of implied easement sought, obtain a court order granting the easement, and file the court order in the county deed records.

Easements can be created in a number of ways including by express (written) grant, implied from parties' conduct, and by prescription. Similarly, easements can be terminated in several ways: by expiration, by prescription and by abandonment, to name just a few.

An easement may be created by express words, either of grant or reservation. Typically, an express grant of easement will be created by deed but may be created by any instrument that transfers an interest or estate in real property.

An express easement must be granted in writing, signed by the grantor, explicitly identifying the property and details of the easement use, and filing with the county records. The grantor may or may not require compensation for granting the easement.

Ingress and egress are terms for the easement right to travel to and from a property over the lands of another they provide pedestrian and/or vehicular access. Utilities include electric power, telephone, cable television, internet, natural gas, water, wastewater, reclaimed water, and sewer services.