An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Washington General Form for Deed Granting Easement
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Multi-State
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US-01176BG
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Word;
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FAQ
If your property is subject to an easement that you wish to dispute, you may be able to pursue a court order that restricts or removes the other party's easement rights. In some cases, you may be able to recover monetary damages to make up for any losses that the easement has caused.
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?.
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.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
Under Washington law, if that fence is in place for ten (10) years, the easement will be terminated. Further, Washington law says that if the same person buys both the property benefiting from the easement and the property burdened by the easement, the easement will automatically be terminated.
In Washington, a person claiming a prescriptive easement must prove that he or she (and/or a predecessor in interest) used another person's land for 10 years, and the use was (1) hostile; (2) open and notorious; (3) continuous or uninterrupted; (4) over a uniform route; and (5) exclusive.
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.