Driving on Easement

Neighbor Drives Across Property Without Permission

quiet title in the adverse possessor, although there are several elements
that must be proven according to the case law.

Here is a quote from a recent Washington case describing what is
required to prove an easement by prescription:

17. See N. W. Cities Gas, 13 Wn.2d at 85, 123 P.2d 771 ("[P]roof

that use by one of another's land has been

open, notorious,

continuous, uninterrupted, and for the required time,

creates a presumption that the use was adverse

, unless

otherwise explained, and, in that situation,

in order to prevent

another's acquisition of an easement by prescription, the

burden is upon the owner of the servient estate to rebut

the presumption by showing that the use was permissive

.");

see also Stoebuck, 17 Washington Practice at 101 (interpreting

Washington law as holding that "if the claimant shows use of

another's land that is unexplained and is open and notorious,

'continuous,' and 'exclusive,' there is a 'presumption' that the use

was hostile . . . ."). Drake v. Smersh, 122 Wn. App. 147, 89 P.3d

726 (2004)

Another judge's description from a case reviewed elsewhere on this site
under Adverse Possession, and on which I was the trial lawyer is included
here:

[1] Although prescriptive rights are not favored, a prescriptive

easement can be established by showing: "(I)

use adverse to the

right of the servient owner, (2) open, notorious, continuous, and

uninterrupted use for the entire prescriptive period, and (3)

knowledge of such use by the owner at a time when he was able to

assert and enforce his rights." Dunbar v. Heinrich, 95 Wn.2d 20,

22, 622 P.2d 812 (1980). The prescriptive period in Washington is

10 years. Compare Wasmund v. Harm, 36 Wash. 170, 176, 78 P.

777 (1904), with RCW 4.16.020.

If someone drives across a corner of
your property or through it, that use
can become their legal right, if you do
nothing for 10 years. They can
acquire an easement by prescription
in Washington. This is well
established in the case law and the
Revised Code of Washington.
Some lawyers joke about a few
judges who consider the 10 year
statute of limitations all they need to

When someone drives over your property without
permission, they may be trying to legally steal it.

Neighbor Blocks Easement With Gate;
Neighbor Installs Speed Bump on Shared Easement;
Neighbor Drives Across Property Without Permission;
The Classic Profile of The Violator;
How to Deal With the Neighbor: What Works & What Doesn't Work.