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.
The Washington Easement for Streets and Roads is a legal term that refers to the right of way granted to a government entity, most commonly a city or county, by property owners for the construction, maintenance, and use of public roads and streets. It essentially grants the government the legal ability to access, improve, and utilize a designated strip of land for transportation purposes. In Washington State, there are several types of easements for streets and roads that significantly affect property owners and government agencies. These may include: 1. Public Easements: Also known as "dedicated" or "conveyed" easements, these are typically established when a developer dedicates a portion of their property to the public for roadway purposes. This type of easement is created through a formal process, such as a platting or subdivision process, where the landowner voluntarily conveys the easement. 2. Prescriptive Easements: These easements are acquired through continuous, open, and obvious use of a particular roadway by the public for a specified period, typically ten years. If the landowner does not assert their rights to prevent such use during this time, the public gains an easement by prescription. 3. Easements by Necessity: In cases where a property is landlocked, meaning it has no access to a public road, an easement by necessity may be granted. This type of easement ensures that landowners have a legal right to access their property by crossing a neighboring property. 4. Utility Easements: While not specific to streets and roads, utility easements are often associated with them. These easements allow for the installation, maintenance, and repair of utility infrastructure, such as electrical lines, water pipes, or gas lines, along or under public rights of way. It is important for property owners and developers to understand the various types of Washington Easements for Streets and Roads, as they have significant legal implications. Government agencies may exercise their rights under these easements for road widening, construction projects, or maintenance purposes, often impacting adjacent property owners in terms of access, property value, and possible restrictions. Navigating the complex landscape of easements requires legal expertise to ensure property owners' rights are protected while enabling the government to meet the public's transportation needs.
