How many feet of easement

If you don't mind someone using part of your property but don't want that person to gain the legal right to do so, the simplest way to prevent a prescriptive easement is to grant the person written permission to use the property. For example, if your neighbor is parking his car on a small strip of your property and you give him permission to do so, your neighbor is no longer a trespasser, and he can't claim an easement by prescription.

Giving permission to a current user also prevents people who move in later from claiming that they inherited a prescriptive easement. To find your state's law on prescriptive easements, look up "easements" in the index to your state statutes.

To understand how the courts in your state have interpreted different requirements, you might also want to check your state's court decisions on prescriptive easements. As a property owner, you may not interfere with the purpose of a legal easement. If, for example, the electric company has wires strung across its right of way, you cannot take them down or block their path.

If you interfere with an easement, you could end up liable to the easement owner for damage and be subject to a court action ordering you to stop. If you find yourself in a dispute over an easement, or if you feel someone is illegally trespassing on your property—for example you are a new homeowner who just discovered that your neighbor is using what you believe is a private drive for access to her own property—see an experienced local real estate attorney.

The laws on easements vary from state to state, and you will probably need tailormade advice for your situation. It's especially important to consult with an experienced real estate attorney if there is nothing in writing for example, in a deed or title papers about the easement. The legal doctrines of unwritten easements that are created by people's actions and certain circumstances can be complicated, and you'll want advice from someone experienced in your state's real estate law and up to date on relevant court decisions.

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In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Property Easements: Overview. This easement must exist for 20 years before it can be confirmed by a court.

Ultimately, if you have an easement on your property, you need to ensure who owns it and who has the right to use it. Also, if you are purchasing property you need to ensure access to a road either directly or through a written easement agreement. When the easements are not in writing, your attorneys fees can add up in trying to fight to establish such an unwritten easement.

Theodore J. Hamilton, Esq. MLK Jr. A property's title records may include lot maps, surveys and deeds either showing or granting easements on your property. In California, for instance, municipalities and counties also include easements in either gross or net lot size calculations, allowing you to determine your lot's size.

A lot's gross size typically includes any easements attached to it. In California, for example, cities such as Malibu include easements for private roads in lot size calculations. The town of Woodside, California, however, excludes access and utility company easements from net lot sizes. Before you buy a home or land, it's wise to determine if any easements exist on the property.

A title search can help you determine any easements on your lot as well as its size. Dimensions, slopes and details for all driveway and access easements connecting to a county road shall be as indicated on Figure Driveways entering roads with curb and gutter shall meet the requirements contained within WSDOT Standard Plans as approved by the county engineer.

All new or revised driveways and accesses onto a county road including temporary or construction accesses require an approved access permit as per the procedures in DCC Chapter Driveways directly providing access onto arterials and collectors shall be denied if alternate access is available. Access onto arterials and collectors may be permitted where no other alternative is available and is approved by the county engineer.

Where property has frontage on more than one roadway, driveways and accesses shall be limited to the lowest volume roadway. Driveways and access easements shall have a minimum separation from each other of one hundred feet in rural areas outside of subdivisions.

Circular driveways shall have a minimum separation of one hundred feet. In urban areas, driveways and access easements shall be located along the lot line furthest from the intersection on corner lots. Only one driveway per single residential or commercial unit will be permitted unless the applicant can demonstrate that additional driveways or accesses are needed due to the amount of traffic generated by the project, traffic distribution patterns, impacts to the county road system or public safety and there is sufficient space to accommodate the additional driveway or access.

Joint usage driveways are encouraged. All abandoned driveways shall be removed and as necessary: curb, gutter and sidewalk shall be restored by the applicant. Maintenance of driveways and approaches and associated culverts where required onto a county road shall be the responsibility of the property owner. Clear View Triangle.

In addition to providing sufficient sight distances as required in subsection C 1 c of this section, a clear view triangle as described in DCC Section All driveways and access easements shall intersect the main roadway at an angle between seventy-five and one hundred five degrees, with ninety degrees being preferable.

Sight Distance.