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(1) EXPRESS GRANT OR RESERVATION. An easement may be created by express words, either of grant or reservation. Typically, an express grant of easement will be created by deed but may be created by any instrument that transfers an interest or estate in real property.
A simple definition of an easement is: "a right attached to a parcel of land which allows the proprietor of the parcel to use the land of another in a particular manner or to restrict its use to a particular extent."
IMPLIED EASEMENTS. An implied easement arises when there has been a unity of title, an. apparent and continuous quasi-easement existing for the benefit of one. part of the estate to the detriment of the other during such unity, and. a certain degree of necessity that the quasi-easement exist after sever-
Hear this out loud PausePrescriptive 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.
Hear this out loud PauseParties claiming rights pursuant to an implied easement must demonstrate that: (1) the owner of the property conveyed or transferred one part of that property to another; (2) ?the owner's prior existing use of the property was of a nature that the parties must have intended or believed the use would continue,? in other ...
Hear this out loud PauseGenerally, the owner of any easement has a duty to maintain the easement.
A duly acknowledged and certified easement deed can be recorded in the office of the county auditor in the county where the property subject to the easement is located.