[WSBARP] WSBARP Digest, Vol 105, Issue 5

[STEPHEN WHITEHOUSE]

It is not required. But specify width such 20 feet, the center line of which is the center line of the existing road.

Steve Whitehouse

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> On Jun 4, 2023, at 12:00 PM, wsbarp-request at lists.wsbarppt.com wrote:
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>   1. formalities for an easement by necessity (Joseph McIntosh)
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> ----------------------------------------------------------------------
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> Message: 1
> Date: Sun, 4 Jun 2023 18:31:19 +0000
> From: Joseph McIntosh <jmcintosh at McCarthyHolthus.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] formalities for an easement by necessity
> Message-ID: <b923888ec6f049a0898e50dee179f6d0 at IDS-MDB.domain.local>
> Content-Type: text/plain; charset="utf-8"
> 
> 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
> [McCarthy Holthus Logo]McCarthy ? Holthus, LLP
> m. 108 1st Ave S, Ste 400
> Seattle, WA 98104
> 206-399-5034
> jmcintosh at mccarthyholthus.com<mailto:jmcintosh at mccarthyholthus.com>
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> End of WSBARP Digest, Vol 105, Issue 5
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