Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Washington Complaint or Petition for Injunctive Relief Against Adjoining Landowner for Refusing to Remove Fence on Easement of Plaintiff or Petitioner
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How to fill out Complaint Or Petition For Injunctive Relief Against Adjoining Landowner For Refusing To Remove Fence On Easement Of Plaintiff Or Petitioner?
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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.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
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.
Washington property law is broader than ?ownership rights and interest.? Ownership rights include: the right to ?possess? property (i.e., the right to exclude others from using or occupying property) and the right to peaceful enjoyment of property.
Washington State law requires that the possession be: Actual: The adverse possessor must physically use the land as a property owner would. ... Exclusive: The adverse possessor must hold the land to the exclusion of the true owner for the statutory period, which is 10 years in Washington.
The distinguishing end result between a prescriptive easement and adverse possession is that, unlike adverse possession, a prescriptive easement does not transfer legal ownership to the claimant. Instead, it merely confers upon the claimant a legal right to jointly use the property in conjunction with the true owner.
A prescriptive easement can be created by: Continuously using the property for 5 years; In a manner that is open, notorious, and clearly visible to the owner of the land; and. Hostile and adverse to the owner.
