[WSBARP] Adverse possession extinguishing easement

[John M. Riley III]

There is plenty of case law on adverse possession sufficient to terminate an easement.  Depends on who is claiming against whom.  Easier for stranger, harder for the easement grantor or successor.



John M. Riley, III
Principal | Witherspoon • Kelley
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of scott scottgthomaslaw.com
Sent: Sunday, March 01, 2015 4:28 PM
To: wsbarp
Subject: [WSBARP] Adverse possession extinguishing easement


Does anyone know of any case law support for the proposition that an adverse possession action between two neighbors will not eliminate an easement across the disputed property that benefits a third neighbor who is not party to the lawsuit?  Seems to me that the victor in the adverse possession action would have to quiet title by showing abandonment of the easement?

Scott G. Thomas
Law Office of Scott G. Thomas
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Mount Vernon, WA 98273
(360) 503-1042
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