[WSBARP] Prescriptive Easement for a Well?

David Faber david at faberfeinson.com
Thu Apr 16 13:58:36 PDT 2015


I have a prospective client up here in Jefferson County who owns a parcel
which is fed water from a neighboring parcel. The PC has owned the parcel
for 15 years and has used that well for the full 15 years. Now, the PC
wants to sell the property but there is no recorded well agreement or
easement to the benefit of the PC's property. The neighbor is now demanding
$10,000.00 from PC to sign a well agreement.

My question: does Washington State recognize a prescriptive right to access
a well? Any alternative routes that members of this listserv can think of?

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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