Washington Access Control Easement, also known as RACE, is a legal right granted to a property owner by the Washington State Department of Transportation (WSD OT), allowing access to public roads and highways from their private property. This easement ensures that property owners have a convenient and legal means to enter and exit their property while adhering to certain regulations and guidelines set by WSD OT. A Washington Access Control Easement typically involves the construction and maintenance of driveways, entrances, or access points on private property that connect to public roads or highways. This ensures that property owners can access their land without interfering with the flow of traffic or compromising the safety of themselves and others using the roads. There are different types of Washington Access Control Easements, each catering to different circumstances and requirements. Some common types include: 1. Residential Access Control Easement: This type of easement is granted to residential property owners to ensure convenient access to public roads. It may include the construction of driveways, entrances, or designated access points specifically designed for residential use. 2. Commercial Access Control Easement: Commercial property owners, such as businesses or industrial complexes, may obtain this easement to facilitate access for employees, customers, and suppliers. It often involves the construction of more robust access points to accommodate higher volumes of traffic and larger vehicles. 3. Agricultural Access Control Easement: This type of easement serves rural property owners engaged in agricultural activities. It may involve access control measures such as gates, fencing, or specific routes to prevent livestock from straying onto public roads and ensure the safe passage of agricultural machinery. 4. Utilities Access Control Easement: Utility companies may seek this easement to establish access points for maintaining and servicing utility infrastructure, such as power lines, gas pipelines, or water mains. These easements ensure reliable access for maintenance crews while minimizing disruptions to public roads. 5. Recreational Access Control Easement: This easement is often granted to property owners near recreational areas or natural reserves to allow controlled access for visitors. It may involve the construction of trails, parking areas, or designated access points to maintain the harmony between public access and environmental conservation. Washington Access Control Easements are crucial in maintaining a well-organized and safe transportation system. They provide property owners with the legal means to access public roads while protecting the integrity and efficiency of Washington's transportation infrastructure. Proper compliance with the guidelines and regulations set by WSD OT ensures the smooth flow of traffic, enhances safety, and preserves the rights of both property owners and the public.
Washington Access Control Easement
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FAQ
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.
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?.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
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.
Maintenance of Easements. 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.
Non-Exclusive Easement: The easement recipient has no rights to limit use of the easement area by others.
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.
