Legal Question in Real Estate Law in Washington

drive way easement

My drive way crosses someones land. It has been this way for 20 or more years. Do I need to get a easement agreement in case the land sells and the new owner wants to close my driveway?


Asked on 3/11/07, 9:26 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: drive way easement

The law has a rule for that; it's called an easement by prescription. Whether you have an easement agreement in writing or not, the law will not allow a new owner of the servient tenement (great phrase, that) to disallow you access to your property.

You can put it in writing if you want. Your neighbor can sign it; you can attach it to your deed as part or the legal description of your property.

But any new owner will have to respect your right of ingress, egress and for utility access, if relevant.

Doesn't mean you can change the use dramatically without permission or agreement, but please don't lose a lot of sleep over this.

Hope this helps. Powell

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Answered on 3/12/07, 1:35 am


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