Washington Telecommunications Provision to Add to Pipeline Easement

State:
Multi-State
Control #:
US-OG-656
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Word; 
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Description

This form is used in addition to the purposes for which the Easement is primarily granted. The Grantee shall also have the right to make use of the Easement for the laying and running on, over, or under and using the Easement granted for the purpose of connecting, running and laying lines, wires and cables. So long as the Easement is used for the primary purpose for which this Easement is granted, and/or this additional use, it shall remain in full force and effect.

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FAQ

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 " ...

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.

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.

A negative easement prohibits a property owner from using land in a particular way. An example of a negative easement would be a prohibition against building a structure that is taller than one story.

The implied easement arises by inference of law when certain facts concerning the conveyance of land are found by the court.

The hazard area radius is basically the area in proximity to the pipeline within which there would be virtually no chance of survival if a pipeline rupture and fire were to happen, and it varies in size from about 100 feet to about 700 feet for a 6-inch to 42-inch pipeline, respectively.

For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.

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Washington Telecommunications Provision to Add to Pipeline Easement