This is a sample form for use in transactions involving easements, an Easement for Street and Roads. Allows a perpetual, non-exclusive right of way and easement to construct temporary and permanent streets or roads.
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.
Washington Easement for Streets and Roads
State:
Multi-State
Control #:
US-EAS-6
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Word;
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FAQ
Generally, the owner of any easement has a duty to maintain the easement.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
Easements are usually permanent unless terminated by one of the ways recognized under Washington law. For example, an easement can be terminated if the property owner benefiting from the easement signs a written document stating that the easement is terminated. How Can Easements Be Terminated? - Bristol George macomberlaw.com ? real-property-and-water ? ho... macomberlaw.com ? real-property-and-water ? ho...
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. Concerning private road maintenance agreements. WA.gov ? biennium ? Htm ? House WA.gov ? biennium ? Htm ? House
Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate. dominant estate | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? dominant_estate cornell.edu ? wex ? dominant_estate
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.
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 " ...
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. Easements: How They Work & What You Need to Know - Brink Law brinkatlaw.com ? easement-lawyers brinkatlaw.com ? easement-lawyers