[WSBARP] formalities for an easement by necessity

[Joseph McIntosh]

Typical case where a split of ownership results in one parcel being without access to the right of way.  The prior owner of both parcels now just owns the neighboring parcel, which abuts the right of way.  There is a dirt (but well-defined) private access road over the neighbor’s parcel, connecting my parcel to the road.

Can a court order, granting easement relief, simply refer to the existing dirt access road?  Can I record that and give sufficient notice to all those who may acquire subsequent interests?

Or, does there need to be a formal survey and legal description of the access road?

Thanks in advance for your insight.

Joe McIntosh | Attorney | Washington
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