What is an easement?

An easement is a right to use someone else’s property for a specific purpose. In Washington, an easement can be either an express easement, granted by the property owner, or an implied easement, granted by court action. Express easements are created when the owner of the land, called the “dominant estate,” grants permission to another party, called the “servient estate,” to use their land for a specific purpose. The most common type of express easement is an easement appurtenant, which grants access for another person to cross the land for a specific purpose such as a driveway or access to a waterway. Implied easements are created in the absence of an express agreement and are often necessary to allow access to a person’s property. These easements are usually granted when the servient estate is blocking access or interfering with the use of the dominant estate. There are two main types of implied easements—“necessity” and “prior use.” A necessity easement is granted when access is being denied to the dominant estate and the court grants permission for an easement to allow access. A prior use easement is created when the servient estate has interfered with the use of the dominant estate for a period of years, so a court determines that an easement should be created for that specific use. In Washington, easements are a legal right that can be used to protect property owners from legal action or to grant access to someone else’s land. Understanding easements is critical for both property owners and those who need access to other people’s land or property.

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