[WSBARP] Language for Easement or License to prevent claims of Adverse Possession

[Mark Anderson]

Here's another example.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
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+1 253-327-1751 (fax)
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Paul Neumiller
Sent: 07/26/2022 2:56 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Language for Easement or License to prevent claims of Adverse Possession

Here's a head start.  I wrote the cover letter to be signed by the client.


[cid:image001.jpg at 01D8A125.79689AB0]



From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
Sent: Tuesday, July 26, 2022 2:33 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Language for Easement or License to prevent claims of Adverse Possession

Hello fellow Listservers:

I was asked by a potential client to draft an easement or potentially a license to prevent claims by a neighbor of adverse possession.  The potential client installed a new fence on the boundary, but during the installation, the fence appears to have been installed a few inches within the boundary line on potential client's property, thereby potentially ceding the land from the boundary to the new fencing to the neighboring property.  I'm thinking of a revokable license to the neighbor that would permit the neighbor to use the ceded land to access their property, but would not permit any type of improvement, erection, construction, planting, or alteration any vegetation, structure, or fixture.


Additionally, the neighbor may need to extend some concrete steps so the easement or license would grant permission to extend said concrete steps but apportion the liability and responsibility for maintenance for said steps to the neighbor.

If anyone has addressed this issue before, I would really appreciate it if you could please share with me some of the language that you used in either the easement or the license for a similar situation.

Thank you in advance!!!



Warmest regards,

Michael S. Safren, Esq.
Attorney at Law

14900 Interurban Ave. S., Ste. 280 | Seattle, WA 98168
11900 NE 1st St., Bldg. G - Ste. 300 |  Bellevue, WA 98005
P: (206) 859-5098 | E: msafren at jennylinglaw.com<mailto:msafren at jennylinglaw.com>
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