[WSBARP] Prescriptive easement & subdivision

Craig Sjostrom cdsjostrom at comcast.net
Wed Mar 2 09:31:16 PST 2022


Client has a rural parcel that he's living on. He has a record access
easement but it's physically unusable. Instead, he's been using an alternate
route in and out, for probably 25 years, most likely sufficient to support a
prescriptive easement claim.

 

Client wants to subdivide his property.  If he were to obtain a quiet title
decree awarding a prescriptive easement over his existing road, would it be
able to serve the existing lot plus a new one subdivided out later? I tend
to think not, but am curious as to what others think about it.

 

Thanks

 

Craig

 

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> Law Office of Craig Sjostrom, 1204 Cleveland Ave., Mount Vernon, WA  98273
Phone (360) 848-0339  Fax (360) 336-3488 email
<mailto:cdsjostrom at comcast.net> cdsjostrom at comcast.net

 

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