[WSBARP] Prescriptive Easement for a Well?

[Roger Hawkes]

A State Supreme Court case was published today on the topic of easements and what presumptions apply in what circumstances; that is a good starting point.

Roger Hawkes, WSBA # 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com>
206 367 5000
Fax is 206 367 4005

From: David Faber [mailto:david at faberfeinson.com]
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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