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How Can Easements Be Terminated?

Easements are usually permanent unless terminated by one of the ways recognized under Washington law. For example, an easement can be terminated if the property owner benefiting from the easement signs a written document stating that the easement is terminated. Alternatively, an easement can be terminated if the owner of the land burdened by the…

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VIDEO: When Property is Sold, Do Easements Transfer to the New Owners?

Hi! My name is Greg George. I’m an attorney with Macomber Law. This video addresses the question, “When a property is sold, do easements transfer to the new owners?” The short answer is, it depends. Whether an easement transfers to new owners of the land depends on the type of easement.  Generally speaking, there are…

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What is an Easement?

By Greg George Spokane, Washington, February 1, 2019. The Washington Supreme Court has defined an “easement” as “a property right separate from ownership that allows the use of another’s land without compensation[1].” Generally speaking, the purpose of an easement is to provide access to and from a property that otherwise does not have access. For…

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What is Title?

By Greg George Spokane, Washington, January 7, 2019. “Title” to land can be defined as the different legal rights that come under what we usually describe as “ownership” of land. For example, “title” can include the right to possess land, the right to build on land, the right to exclude others from land, and the…

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Quiet Title Actions in Washington State

By Art Macomber Spokane, WA. December 28, 2018. In Washington State, there is a type of lawsuit called a quiet title action. A lawsuit to quiet title is sometimes necessary if the original description of the property was incorrect, or if there are multiple parties who claim ownership to the same parcel. Sometimes a mortgage…

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VIDEO: What is an easement for ingress and egress?

 First, let’s define easement: An easement is the legal right to cross over someone else’s land. Owners, particularly landowners in rural areas, often require an easement to access their land. In other words, without an easement, many parcels would be landlocked. Easement for ingress and egress is a fancy way of saying that an…

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VIDEO: Can you terminate an easement?

As you know, an easement is a right to cross over someone else’s property. To the question, “Can you terminate an easement?” the short answer is, “Yes, easements can be terminated.” There are four ways an easement can be terminated: By Expiration By Agreement By Abandonment Via Doctrine of Merger By Expiration Some easements are…

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VIDEO: Who owns and maintains a tree on a property line?

 First, who owns a tree on a property line? Under the common law, an invisible barrier starting at the center of the earth and extending to the stars runs along a real property boundary delineating each owner’s property. Today, that ownership interest is subject to claims about mineral rights underground and the rights of…

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