Legal Question in Real Estate Law in Washington
Land Use
What is the difference between a dedicated easement and recorded easement? Would a recorded easement hold more weight in a court of law?
1 Answer from Attorneys
Re: Land Use
Assuming that you have the terminology correct (and you're not talking about the difference between an implied and an express easement) the difference between a dedicated easement and a recorded easement would be that the dedicated easement was created on the face of a plat and the owners dedicated the use to someone - usually to the lot owners for access or utility use. And a recorded easement would most likely refer to an easement which has been created by a document and recorded with the county whereever the easement is located. In this situation, both easements would be equally valid.