Washington Warranty Easement Deed For Conservation of Wetlands
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FAQ
The implied easement arises by inference of law when certain facts concerning the conveyance of land are found by the court.
An example of an implied easement is when one owner uses a dirt road over a neighbor's property to access a lake for years. There is no express permission or grant of that right, but it is implied that there is an easement to access the lake by the conduct of the parties.
For example, in a case where a landowner sold one parcel while retaining ownership of another, yet failed to reserve any water lines to service his home, the court held that a prior use easement existed.
To establish a prescriptive easement, the person claiming the easement must use another person's land for a period of 10 years and show that (1) he or she used the land in an "open" and "notorious" manner, (2) the use was "continuous" or "uninterrupted," (3) the use occurred over "a uniform route," (4) the use was " ...
Easements by implication occur when a property is divided and the facts and circumstance indicate a prior use that is reasonably necessary. An easement by necessity is similar to an implied easement; however, it doesn't require a prior use, but the easement must be an absolute necessity.
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.