Legal Question in Real Estate Law in Washington

property rights in ROW

I own a 24 acre lot in WA State, about a quarter of which is state and railway ROW. The legal description actually excepts these ROW lands, though recorded surveys and tax plats show them as part of the lot, as apparently do the tax bills. My concern is as to my rights on these ROW lands. Do I have no more rights than anyone else, including my neighbor? He claims he can do what he wants there. The pervasiveness of this condition historically would seem to make it an area in need of clear specificity.


Asked on 6/02/03, 4:49 pm

1 Answer from Attorneys
David Ruzumna Law Office of David Ruzumna, PLLC

Re: property rights in ROW

The ROW you describe, although not an easment, is in the nature of an easement. The land is yours in every respect, including the right to exclusive possession and control, with the specific exceptions defined in the ROW. Feel free to call if you have any further questions. 206-985-8000

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Answered on 6/02/03, 8:53 pm


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