[WSBARP] sewer lines without written easements

Tue Jun 17 16:25:15 PDT 2025

Bryce and Craig: I have searched for such case law without success in Washington. An underground sewer or water line does not generally rise to the level of being a prescriptive easement as its existence is not visible. Unless the line is marked at regular distances on the surfaces with signs or posts, no one would know sit exists. A primary element of a prescriptive easement is that the  use is visible to the true owner. -Greg

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Bryce Dille
Sent: Tuesday, June 17, 2025 3:41 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] sewer lines without written easements

I'd be interested in that case law myself I have a similar situation except in my case the common grantor put in the sewer lines and then sold the burdened property first So I think I have a pretty good case of having an easement by implication even though sewer and water line  not visible.

Bryce H. Dille
Dille Law, PLLC
1800 Cooper Point Road SW Bldg 11
Olympia, WA 98502
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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 Craig Gourley
Sent: Tuesday, June 17, 2025 3:24 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] sewer lines without written easements

Listmates, Posting for another attorney in our firm.  He is interested in getting any trial court decisions dealing with underground sewer lines that have been in place for ages without any sort of written easement.  Trespass, prescriptive easement  or ??   Thanks in advance.  You can respond directly to Tom at glgmail.com<mailto:Tom at glgmail.com> if you prefer.

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