Summary

• Jurisdiction: Washington

Chapter Details

Summary

§7.1	Introduction and Scope
§7.2	Characteristics of Easements
(1) Interest in Land (2) Affirmative and Negative Easements (3) Easements Appurtenant and in Gross (4) Dominant and Servient Estates (5) Rights of Servient Owner
§7.3	Creation of Easements by Express Conveyance
(1) Grant or Reservation (2) Requirements (3) Covenants in Easements (4) Recording of Easements
§7.4	Creation of Easements by Prescription
(1) Rationale (2) Requirements (a) Adverse Use (b) Necessary Period (c) Continuous Use (d) Uninterrupted Use (e) Notorious Use (f) Exclusive Use (g) Claim of Right (h) Burden of Proof (3) Who May Not Be Prescribed Against, Including the Government (4) Prescription by the Public
§7.5	Creation of Easements by Implication
(1) Implied From Prior Use (a) Unity of Title and Severance (b) Reasonable Necessity (c) Apparent and Continuous Use (2) Implied by Necessity (3) Implied by Reference (Plats) (4) Statutory Ways of Necessity
§7.6	Extent of an Easement
(1) Scope of an Express Easement (a) Terms of Instruments (b) Extent of Use (c) Effect of Changed Conditions (2) Scope of an Easement by Prescription and Implication

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