01RCW 64.04.010
It must be a written deed
An easement is an interest in real estate, so it must be conveyed by deed, in writing, signed by the owner who grants it, and acknowledged. A handshake arrangement is a revocable license.
Free case reviewTell us what is happening at your property
10 yearsOpen, continuous, adverse use needed for a prescriptive easement
RCW 64.04Easements must be in a signed, acknowledged deed
RCW 8.24The way of necessity statute for landlocked parcels
Letter firstMost access disputes end with a written demand, not a trial
01 / Our Focus
Easement problems are title problems first
An easement is an interest in land, and that one fact drives every dispute. Washington requires it to be created by a written, signed, acknowledged deed. A verbal promise to let the neighbor use the driveway is only a license: the owner can take it back, and it does not survive a sale.
Recording is the second test. A written easement that never reached the Pierce County Auditor can be wiped out when the burdened parcel sells to a buyer without notice. Our first job is to get the right document signed and recorded. Our second is to win the case when that document does not exist.
“Most easement fights are settled by what is already recorded.”
Before anyone files, we read every deed, plat, easement, and road agreement on your parcel and your neighbor’s. That record usually decides the answer.
02 / The law
What Washington law says about easements
Four rules decide whether an easement exists, who it binds, and how a landlocked owner gets access.
02RCW 65.08.070
Record it or risk losing it
An unrecorded conveyance is void against a later good-faith buyer who records first. A written easement still needs to reach the county auditor to protect you after a sale.
03RCW 4.16.020
Ten years of adverse use
A prescriptive easement can arise from ten years of open, continuous, adverse use of a defined route. Courts presume neighborly use is permissive, and permissive use never ripens.
04RCW 8.24.010
Access for landlocked land
An owner whose land cannot be properly used without access may condemn a private way of necessity across a neighbor, paying for the land taken.
03 / The process
How an easement matter runs
A recorded easement and a clear demand letter resolve most disputes in weeks. Contested prescriptive and way of necessity cases are litigation and take longer.
- 01Week 1
Title pull
We read every recorded instrument on your parcel and the neighbor’s: deeds, plats, easements, covenants, and road agreements.
- 02Weeks 1 to 2
Use history
For unrecorded claims we document who used what, when, and whether permission was ever asked or given. Photos and aerials matter here.
- 03Weeks 2 to 3
Written position
A letter stating the easement’s legal basis and scope. It ends a large share of gate and fence disputes without a filing.
- 04When needed
Record or file
A signed easement or road agreement is recorded, or we file for quiet title, an injunction, or a way of necessity, and record the judgment.
04 / Fees
What it costs
Flat feeEasement drafting and recording, shared driveway or road maintenance agreements, and title review during a purchase.
HourlyEnforcement, prescriptive, and way of necessity cases, with a written budget by phase.
Free consultA first conversation that usually tells you whether this is a letter or a lawsuit.
05 / Coverage
Where we practice
TacomaOffice on North I Street
Pierce CountyGig Harbor, Puyallup, University Place
Eastside King CountyBellevue, Issaquah, Sammamish
Snohomish County Rural and private road parcels
Kitsap CountyRural and private road parcels
Easement and recording statutes apply statewide. We pull the recorded title in whichever county your parcel sits.
No.
An easement is an interest in land and must be created by a written, signed, acknowledged deed. A verbal arrangement is a license the owner can revoke.
Before the gate goes up
Get your access in writing, and on record.
Buying a lot? Have us read the title before your feasibility period ends. Already in a dispute? Send the recorded easement and a photo, and we will tell you whether it is a letter or a lawsuit.
Bring to your consultation
01Your deed and title report
02Any recorded easement or road agreement
03Photos of the driveway, gate, or route