Solving The Easement Holdout Problem

As development picks up for the summer, Washington state property owners facing easement disputes will benefit from understanding the Uniform Easement Relocation Act (UERA), 64.65 RCW, which came into effect last year.

Prior to 2023, Washington was among the majority of states that adhered to a common law rule under which a property easement could not be relocated, even slightly, without the consent of both the owner of the property where the easement is located (the "servient estate") and the easement holder. In practice, this allowed an easement holder to obstruct development on the servient estate by refusing to agree to an easement's relocation, even when a comparable alternative location was available. It also meant that an easement holder could demand significant and disproportionate concessions in exchange for its agreement to relocate the easement.