Washington Easement for Access to Property

State:
Multi-State
Control #:
US-00495
Format:
Word; 
Rich Text
Instant download

Description

This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

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FAQ

Maintenance of Easements. The holders of an interest in an easement must maintain the easement. Nothing prohibits holders from making agreements as to the allocation of maintenance and costs, including agreements that allocate the obligations to fewer than all holders. How costs are shared if there is an agreement.

The party with the easement rights to use the land is responsible for safety and maintenance, including any accidents.

Prescriptive easements ? To obtain a prescriptive easement in Washington, one property owner must openly, hostilely, and continuously use part of another's land for 10 years without permission. The laws for establishing a prescriptive easement are almost the same as the requirements for establishing adverse possession.

An easement provides a person, company or authority the right to access or use a portion of land owned by another. Most easements are required by service providers (water, gas, electricity, etc.) to protect local infrastructure and enable access for maintenance and repairs.

An easement is a legal right for someone to cross, or otherwise use, part of the land owned by another. Easements are defined as either ?exclusive? or ?non-exclusive.? An exclusive easement limits the right of use to a specific party and no other party may use the easement.

An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.

The short answer is ? the owner of the easement is responsible for maintaining the easement.

An easement is a right to use (not own) someone else's land. The party who enjoys the ?use? is referred to as the ?benefitted party? or ?grantee?, while the party who owns the land is referred to as the ?burdened party? or ?grantor?.

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Washington Easement for Access to Property