Washington Drainage Easement

State:
Multi-State
Control #:
US-OG-983
Format:
Word; 
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Description

This form is for a drainage easement.
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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.

The short answer is ? the owner of the easement is responsible for maintaining the easement.

Non-Exclusive Easement: The easement recipient has no rights to limit use of the easement area by others.

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.

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.

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.

Similarly, easements can be terminated in several ways: by expiration, by prescription and by abandonment, to name just a few. Whether an easement has arisen or terminated is the subject of many costly neighbor disputes as parties struggle to understand and assert their legal rights.

For example, building a fence along a drainage easement may catch debris or prevent the flow of water, and will likely be prohibited. Other easements may prevent the owner from building an addition onto their home, planting gardens or trees, or adding a pool or hot tub.

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Washington Drainage Easement