The Burke Law Group, PLLC
Old City Hall Building
221 N. Wall St., Suite 624
Spokane, WA 99201

Main Office: (509) 466-7770
Collaborative Law: (509) 999-6747

Easements

An easement is an interest in land or property either by implication or expressly set out in writing. There are different kinds of easements: some allowing utilities to use property, some allowing one owner of adjacent land to use another owner’s property to be able to come and go on property. Sometimes easements involve several property owners and may “run with the land,” meaning that it makes no difference who owns the property. Once property is considered burdened with the easement and the other property benefits from the easement.

Disputes can arise regarding overuse of an easement, repair and maintenance of an easement and creating new easements. The older the land and the easement, the stronger the possibility that there will be disputes regarding repairs, use and expansion of the easement. Sometimes the written document effecting the easement does not provide for repairs and limitations on use. This can create disputes between the users of the easement and the property owner on whose land the easement burdens.

Some easements can be acquired using the same analysis as adverse possession claims but the user of the easement must again meet certain requirements to be successful in the claim.

Easements should be distinguished from other forms of legitimate uses of another’s property done with permission. For example, a user might have a “license” to use another’s land or be permitted to harvest crops. These are not considered easement interests.

Meet Our Attorneys

Dena Allen

Principal / Member of the Firm, practicing in Family Law Litigation, Collaborative Law Divorce, Uncontested Divorce, Estate Planning, and Probate

John Burke

Principal / Managing Member of the Firm, practicing in Collaborative Law for Divorce, Uncontested Divorce and Estate Planning

Matthew Fischer

Principal / Member of the Firm, practicing in Family Law Litigation, Divorce and Uncontested Divorce, also is Spokane County Superior Court Pro Tem Commissioner

Cathy Helman

Associate Attorney, practicing in Family Law Litigation, Divorce and Uncontested Divorce

Joseph Linehan

Of Counsel, practicing in Social Security Disability Income (SSDI) appeals, Family Law Litigation, Divorce, and Dependency, also is Spokane County Superior Court Pro Tem Commissioner

Randi Johnson

Of Counsel, practicing in Social Security Disability Income (SSDI) and SSI benefits, Veterans Disability Benefits, and Workers Compensation

Holland McBurns

Of Counsel, practicing in Estate Planning, Probate, Guardianship, Medicaid and Veterans Administration Long-Term Care Planning and Qualification

Kelly Padgham

Principal / Member of the Firm, practicing in Family Law Litigation, Collaborative Law Divorce, Uncontested Divorce and Estate Planning

Kenneth Zigler, Jr.

Of Counsel, practicing in Family Law Litigation, Divorce, Social Security Disability Income (SSDI) and SSI benefits, and Lawsuits and Disputes including Personal Injury