Washington Release of Right of Way / Easement to Surface Owner
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How to fill out Release Of Right Of Way / Easement To Surface Owner?
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FAQ
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.
An easement is a right to use (not own) someone else's land. The party who enjoys the ?use? is referred to as the ?benefitted party? or ?grantee?, while the party who owns the land is referred to as the ?burdened party? or ?grantor?.
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.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
Washington property law is broader than ?ownership rights and interest.? Ownership rights include: the right to ?possess? property (i.e., the right to exclude others from using or occupying property) and the right to peaceful enjoyment of property.
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.
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.
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.
