prescriptive easement - Posted by Tom

import · April 30, 2005, 1:29pm

Posted by JD on April 30, 2005 at 16:23:16:

I don’t know anything about Washington law.

import · April 30, 2005, 1:29pm

Posted by Tom on April 30, 2005 at 13:29:24:

I acquired a property which includes a house built about 75 years ago. The access is through the property next door. This driveway was used until about 10 years ago. The house has been vacant since then. I certainly feel that I have a prescriptive easement. The house still remains and this is the only access and really has no adverse affect on the neighbor. Is there any provision for losing that easement for non-use?

Thanks, Tom

import · April 30, 2005, 1:40pm

Re: prescriptive easement - Posted by JD

Posted by JD on April 30, 2005 at 13:40:56:

laws related to perscriptive easements vary considerably by State. 17 years or so of continuous use where I live. Unless the easement is in writing, I would think that not having used the easement for 10 years would void any claims to an easement by perscription, but since the property has been vacant, that may be different. You may be able to obtain an easement by showing that the two properties were once owned by the same person, and that they were treated as one large property. I forget what that is called.

import · April 30, 2005, 2:00pm

Re: prescriptive easement - Posted by Tom

Posted by Tom on April 30, 2005 at 14:00:22:

JD - The two properties were never owned by the same person. The state is Washington.