Washington Subordinaton of Mortgage Lien to Easement and Right of Way

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Multi-State
Control #:
US-OG-1212
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Word; 
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Description

This form is a subordination of mortgage lien to easement and right of way.

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FAQ

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose. Foundations of Law - Introduction to Easements - LawShelf lawshelf.com ? coursewarecontentview ? introduct... lawshelf.com ? coursewarecontentview ? introduct...

An easement intended to run with some benefitted land is called appurtenant to the benefitted land (also called the dominant tenement holding or dominant estate). Otherwise, the easement is personal to the grantee and is called in gross.

The holders of an interest in an easement must maintain the easement. Nothing prohibits holders from making agreements as to the allocation of maintenance and costs, including agreements that allocate the obligations to fewer than all holders. How costs are shared if there is an agreement.

Generally, the owner of any easement has a duty to maintain the easement. How to Enforce Easement Maintenance Obligations? schorr-law.com ? how-to-enforce-easement-maint... schorr-law.com ? how-to-enforce-easement-maint...

Prescriptive easements ? To obtain a prescriptive easement in Washington, one property owner must openly, hostilely, and continuously use part of another's land for 10 years without permission. The laws for establishing a prescriptive easement are almost the same as the requirements for establishing adverse possession. Easements: How They Work & What You Need to Know Brink Law ? easement-lawyers Brink Law ? easement-lawyers

Easements are usually permanent unless terminated by one of the ways recognized under Washington law. For example, an easement can be terminated if the property owner benefiting from the easement signs a written document stating that the easement is terminated.

Prescriptive easements ? To obtain a prescriptive easement in Washington, one property owner must openly, hostilely, and continuously use part of another's land for 10 years without permission. The laws for establishing a prescriptive easement are almost the same as the requirements for establishing adverse possession.

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Washington Subordinaton of Mortgage Lien to Easement and Right of Way