Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · Washington · Title 64 — Real Property and Conveyances · Chapter 64.65

RCW 64.65.040

318 words·~1 min read·/wa/title-64/chapter-64-65/64-65-040

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The court may not approve relocation of an easement under this chapter unless the servient estate owner:
(a)Establishes that the easement is eligible for relocation under RCW 64.65.120 ; and
(b)Satisfies the conditions for relocation under RCW 64.65.020 .
(2)An order under this chapter approving relocation of an easement must:
(a)State that the order is issued in accordance with this chapter;
(b)Recite the recording data of the instrument creating the easement, if any, any amendments, and any preservation notice;
(c)Identify the immediately preceding location of the easement;
(d)Describe in a legally sufficient manner the new location of the easement;
(e)Describe mitigation required of the servient estate owner during relocation;
(f)Refer in detail to the plans and specifications of improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;
(g)Specify conditions to be satisfied by the servient estate owner to relocate the easement and construct improvements necessary for the easement holder to enter, use, and enjoy the easement in the new location;
(h)Include a provision for payment by the servient estate owner of expenses under RCW 64.65.050 ;
(i)Include a provision for compliance by the parties with the obligation of good faith under RCW 64.65.060 ; and
(j)Instruct the servient estate owner to record an affidavit, if required under RCW 64.65.070 (1), when the servient estate owner substantially completes relocation.
(3)An order under subsection
(2)of this section may include any other provision consistent with this chapter for the fair and equitable relocation of the easement.
(4)Before a servient estate owner proceeds with relocation of an easement under this chapter, the owner must record, in the land records of each jurisdiction where the servient estate is located, a certified copy of the order under subsection
(2)of this section.
[ 2023 c 6 s 206 .]
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.