Washington Easement or Right of Way for Access to Property
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How to fill out Easement Or Right Of Way For Access To Property?
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FAQ
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.
A prescriptive easement is established by a claimant's well-established, long-term use of another's land. Under the common law, the word ?prescription? means obtaining a right to something by using and enjoying it for a period set by statute.
An easement is an interest in, or a right to use, another individual's land or property, generally for a specific, limited purpose. An easement gives one party the right to access another party's land. This access can be granted to public entities or private individuals.
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.
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.
The term "private way of necessity," as used in this chapter, shall mean and include a right-of-way on, across, over or through the land of another for means of ingress and egress, and the construction and maintenance thereon of roads, logging roads, flumes, canals, ditches, tunnels, tramways and other structures upon, ...
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
Exclusive means that only one party or perhaps a limited number of parties can use that easement. Non-exclusive means that a number of different parties can use the easement. Non-exclusive can also mean that additional parties could be granted the right to use that same easement in the future.