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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?.
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.
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.
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.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
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.
The implied easement arises by inference of law when certain facts concerning the conveyance of land are found by the court.