Our Tacoma based real estate attorneys have over 35 years of experience successfully handling all types of easement counseling and drafting matters. We find that we can provide real value at the stage of counseling and drafting as a quality document can preclude unnecessary disputes down the road.
We are a full-service real estate law firm that not only can assist you when there is a dispute, but can help and assist even, in most cases, with negotiating the terms of an easement and drafting the easement agreement before any issue arises.
Our Real Estate Attorneys Are Experienced In:
- Successfully negotiating with property owners, the terms and conditions of a favorable easement agreement.
- Successfully drafting and creating the necessary required easement agreements and documentation necessary to protect client’s legal rights now and in the future.
- Successfully litigating disputes between landowners as affecting their legal rights under easement agreements.
What Is an Easement?
Actually, there are many kinds of specific easements that are utilized in the State of Washington. There are Two major classifications:
- Easements created in favor of an adjoining land over. In legalese called “appurtenant easements”.
- Easements created in favor of another person regardless of ownership. Our attorneys technically refer to these as it an “easement in gross”.
While most easements drafted by our easement attorneys are appurtenant, there are still many other sub-categories of easements available to clients in Washington State including:
- Express easements
- Easements by implication
- Easements by necessity
- Prescriptive easements
- Equitable easements.
Disputes Arising from Easements
Our Washington state easement attorneys frequently consult with clients on easement matters including formal litigation arising out of easement disputes. Many of the cases arise as a result of a disagreement as to the meaning and legal consequence of the language contained in the easement. In other cases, the existence legally or lack of legal enforcement of the easement will produce disputes leading to litigation.
Property Access Easement Disputes
Probably one of the most common types of easements and easement disputes arise as a result of access or lack of access to property. It is quite common especially in rural areas in the State of Washington that access to an owner’s property occurs as a result of traveling access the neighbor’s property. In most cases there is no written easement and this may occur with landlocked property as well as situations where the party has traveled over neighbor’s land for a long uninterrupted period of years. Easements like this are called Prescriptive Easements.
Our attorneys are able to help whatever party is impaired to analyze their legal rights and to secure their rights as a landowner.
Our Real Estate Attorneys Can Assist with Easement Disputes
At McFerran Law our Washington state easement attorneys are on the front lines and are at the forefront of easement formation techniques and strategies as well as handling easement disputes. Our attorneys have litigated easement disputes through all of the stages of trial and even matters on appeal.
Since a big part of our overall real estate practice is involving easements, we know the ins and outs as well as the pitfalls that many less experienced attorneys find themselves. In Washington state, we think our hands-on experience with easements, both residential and commercial, are unparalleled. Moreover, as we have such an active group of litigators in our firm, we thrive on the opportunity, if necessary, to litigate these disputes in court and are quite comfortable with trial work. You will find that many real estate law firms are not litigators. It is true.
We Welcome the Opportunity to Consult with You on Your Easement Drafting Matter
Our easement attorneys at McFerran Law always have slots open in their daily schedule to meet with clients on new real estate matters. In many cases that one initial consultation can address all the needs of a client on a particular real estate, business, probate or tax deferred exchange matter.
We do not provide free consultations (except in the 1031 tax deferred exchange practice area). We pride ourselves that a single initial one-hour consultation will provide most clients all the information they need to move forward with their legal matter. We don’t have to research, investigate or learn about real estate law matters. Our attorneys can answer on the spot in that initial consultation most real estate questions you may have as they have over 35 years of experience. They only do real estate and matters related to real estate!
McFerran Law has a Special $150 New Matter Consultation Rate
Our easement attorneys can meet with you by phone, Zoom or in our office for an up to a one-hour time period to go over, in detail, your legal matter and generally provide you valuable legal information to assist you in your individual situation. If your matter will require additional services, your attorney will generally be able to provide you an estimate for such services as well.