How do I resolve an easement or boundary dispute in Washington?

1. Easement Types

Washington recognizes express easements (written, recorded under RCW 65.08), easements by necessity, implied easements from prior use, prescriptive easements, and easements by estoppel.

2. Adverse Possession Elements

RCW 4.16.020: 10-year period (general).

RCW 7.28.070: 7 years with color of title PLUS payment of all property taxes.

Elements: actual, open and notorious, hostile, exclusive, continuous for 10 years (ITT Rayonier v. Bell, 774 P.2d 6). Permissive use presumed; claimant rebuts.

3. Prescriptive Easement

10-year continuous, open, notorious, adverse use under claim of right (Northwest Cities Gas v. Western Fuel, 123 P.2d 771). No tax payment required for easement.

4. Quiet Title Action

RCW 7.28.010 et seq. Filed in superior court of county where land sits. The 2011 amendment (RCW 7.28.083) requires award of attorney fees and costs to prevailing party in adverse possession claims.

5. Boundary Disputes

Washington recognizes mutual recognition and acquiescence for 10 years as establishing boundary (Lamm v. McTighe, 423 P.2d 949). Licensed PLS survey essential.

6. Encroachment Remedies

Washington applies a relative hardship balancing for innocent encroachments (Arnold v. Melani, 437 P.2d 908: 5-factor test for refusing mandatory injunction). Damages may be awarded instead of removal for minor innocent intrusions.

7. Express Easement Termination

Release, merger, abandonment (nonuse plus clear intent), expiration, end of necessity.

8. Marketable Title

Washington has no comprehensive Marketable Title Act. Title insurance and the recording statutes are the primary protections.

9. Litigation / Mediation

Superior court for title actions; district court for boundary disputes under $100,000. Court-annexed mediation widely available; King County mandatory in many cases.

This is legal information, not legal advice.