[WSBARP] Easement by Mutual Recognition and Acquiescence?

[Paul Neumiller]

Isn't "mutual recognition and acquiescence" other way of saying consent?  And with consent, it can't be adverse.    As always for these kinds of matters, it is fact driven so if you have a fact pattern where the dominant tenement always insisted he wasn't asking for permission but was using the "easement" as a matter of right, you might prevail but it will be a tough boat to bail.  Courts, generally, want people to be neighberly and grant permission to use an "easement."


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Catherine Clark
Sent: Tuesday, November 8, 2022 3:42 PM
To: wsbarp at LISTS.WSBARPPT.COM
Subject: [WSBARP] Easement by Mutual Recognition and Acquiescence?

Has anyone established an easement based on mutual recognition and acquiescence?  I have always thought that theory was limited to boundary lines.

If so, how did you accomplish that?

Catherine "Cat" Clark
Law Office of Catherine C. Clark PLLC
110 Prefontaine Place South, Ste. 304
Seattle, WA 98104
Phone: (206) 838-2528
Cell: (206) 409-8938
Email: cat at loccc.com<mailto:cat at loccc.com>


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