Washington Easement and Right of Way For Electrical and Communication Lines and Facilities

State:
Multi-State
Control #:
US-OG-654
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Grantee has granted an Easement and Right of Way to Grantee, its successors and assigns, for an easement and right of way for overhead and underground electric supply and communications facilities, consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, conduits, and all necessary or desirable appurtenances.

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FAQ

A utility easement is a designated parcel of land that gives utility companies the right to access private property for the good of the community. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines.

For example, if the dominant parcel is landlocked and the owner cannot access the main road without driving through an access road that runs through the servient estate, an easement by implication may be created.

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.

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. How costs are shared if there is an agreement.

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.

Because implied easements by necessity are not recorded, bona fide purchasers may not be aware that the land they are purchasing is burdened by an easement. Alternatively, implied easements by necessity can be seen as advantageous because they allow people to make use of their land.

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- ance as a legal easement.

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Washington Easement and Right of Way For Electrical and Communication Lines and Facilities