§ 3.5 - Prescriptive Easements and Implied Common-Law Dedications Distinguished

• Jurisdiction: Washington

§3.5 PRESCRIPTIVE EASEMENTS AND IMPLIED COMMON-LAW DEDICATIONS DISTINGUISHED

Washington cases do not clearly distinguish between public easement by prescription and implied dedication to the public by the owner. Public easements by prescription have a basis in implied dedications to the public. Van Sant v. City of Seattle, 47 Wn.2d 196, 201, 287 P.2d 130 (1955). There are, however, some important distinctions.

To establish an implied dedication there must be a showing that the owner intended to dedicate the property, but it is not necessary to show an owner's intent to establish a prescriptive easement. One must only show that the public used the easement openly, notoriously, continuously, without interruption, and adversely to the owner with the owner's knowledge. Mood v. Banchero, 67 Wn.2d 835, 410 P.2d 776 (1966); see, e.g., Primark, Inc. v. Burien Gardens Assocs., 63 Wn. App. 900, 823 P.2d 1116 (1992). See also Volume 1, Chapter 7 (Easements and Licenses), of this deskbook for a...