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ARTICLE · 21 NOVEMBER 2025

Can A Recorded Survey Bring An Easement Into Being?

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A recent Washington State court of Appeals case looked at a dispute around an easement and if it were properly created and recorded in Solberg v. River...

United StatesLitigation, Mediation & Arbitration
Zachary M. Smith
Zachary M. Smith
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A recent Washington State court of Appeals case looked at a dispute around an easement and if it were properly created and recorded in Solberg v. River Park Estates Property Owners Association, No. 40743-8-III (Wash. Ct. App. Div. III, Nov. 10, 2025).

The Case:

Erik and Megan Solberg bought their home in River Park Estates in 2019. After closing, they learned that the homeowners association (HOA) claimed a right to use part of their property as an entrance easement. The HOA pointed to a 1998 amended survey showing a 45-by-75-foot area labeled "Entrance Easement." But the Solbergs' deed did not mention it, and no one had ever told them that part of their lot was burdened by an easement.

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