[WSBARP] Prescriptive Easement for a Well?

[Rich Holland]

I don’t know the answer to that specifically but you can’t have adverse or prescriptive claims if they began permissively.

Thank you,

Rich Holland

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Thursday, April 16, 2015 1:59 PM
To: wsbarp
Subject: [WSBARP] Prescriptive Easement for a Well?

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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