Washington Easement and Right of Way (For Electrical Transmission Lines - Short Form)
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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.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
An easement provides a person, company or authority the right to access or use a portion of land owned by another. Most easements are required by service providers (water, gas, electricity, etc.) to protect local infrastructure and enable access for maintenance and repairs.
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 term "private way of necessity," as used in this chapter, shall mean and include a right-of-way on, across, over or through the land of another for means of ingress and egress, and the construction and maintenance thereon of roads, logging roads, flumes, canals, ditches, tunnels, tramways and other structures upon, ...
ofway use permit (limited or extended) is required for any private improvement or use of a county rightofway. Limited ROW use permits are required for any construction. Extended ROW use permits are required for long term use, such as for a privately maintained road.
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.