Disputes involving easements are a common real property topic in Washington that frequently results in litigation. An easement is a property right separate from ownership that allows the use of another person’s land without compensation.
Creation and Requirements of Easements.
Easements in Washington are interests in land. Under the state’s statute of frauds, express easements must be created by a deed. To be valid, the deed must be in writing, signed by the party to be bound, and acknowledged before an authorized person. RCW 64.04.010 – .020. However, no specific words are required to grant an easement; any language that clearly and with sufficient definiteness shows the intent to grant an easement is legally sufficient. Under Washington law, express easements cannot be orally modified. Easements can also be created by implication or prescription:
