Legal Question in Real Estate Law in Washington

Easement Rights

When we built our home, there was no easement road between the 2 properties, so therefore, it was not recorded on our deed of trust.

After using the easement for 34 years, we are being told not to use it by a third party landlord.

How do I go about getting the rights to continue using the easement?

Asked on 6/30/09, 1:17 pm

1 Answer from Attorneys

Earl Morriss Land Law Washington, PLLC

Re: Easement Rights

First, you need to establish who owns what and what easement rights you may have. There are a number of facts which play into this situation...who originally owned both parcels? If it was the same owner there could be an implied easement. If not the same owner you could have a right to a way of nessesity. But, if you have been using an access route for 30 years there is a good chance you have a prescriptive easement over the road. But, these situations are very fact specific and you are likely to need the help of a real property attorney to sort it out - since you already have someone telling you to get off the land.

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Answered on 6/30/09, 1:49 pm

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