Easement in Washington

State-specific overview · Property & Real Estate

Quick summary

Washington permits easements by express grant, implication, necessity, and prescription with a 10-year adverse possession period.

How Washington treats Easement

Washington recognizes easements as real property interests that transfer with the underlying land. Prescriptive easements require only 10 years of open, notorious, exclusive, and uninterrupted use, which is shorter than many states. Washington courts apply the doctrine of easement by necessity when land lacks reasonable access to public roads or utilities. Express easements must be recorded to provide constructive notice to future purchasers.

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The general definition of Easement

The right to use someone else's land for a specific purpose, like crossing it or running utilities.

An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Washington.