Legal Question in Real Estate Law in Washington

Easement Question

We have a road in our neighborhood which our neighbors have closed to all access. All of the roads in our area are "Private Roads" as in not county maintained. This road connects two main roads, and they have blocked one entrance. We have used this road for many years because it is a back way for us to get our children to school without having to go out on to a main highway. Is there any laws requiring that eventhough it is "Private", does it have to stay open since it has been used for so many years and it is an emergency exit road for us if our road gets blocked?

Thank You


Asked on 8/16/00, 2:21 am

1 Answer from Attorneys
Jeffrey W. Jones Jeffrey W. Jones, P.A.

Re: Easement Question

Generally, a road that has been used by the public, or even a particular person for a sufficient period, often 10 years or less, creates a prescriptive easement. A prescriptive easement is a right to access your property over a road that is on land owned by someone else. Your question does not indicate whether the back road you use us owned by the party blocking it. If it is, you may have a right to access by a prescriptive easement. It may also be that when your property and the adjoining property owner's property was developed, the back road was dedicated for private use of the neighbors. You could search the real property records of the neighbor's property to see if it is subject to an easement. If such an easement exists, the neighbor can interfere with it only to the extent it is reasonable. You should consult with an attorney experienced in such matters to get more information.

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Answered on 9/22/00, 11:47 am


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