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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 37971
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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The County is asking easement over the beach in front

Customer Question

The County is asking for an easement over the beach in front of our home. They are calling it a "Recreational easement" While what I have read in their own meeting minutes speaks for the public to be able cross over our property. The contracted out person who is inner facing with us in answer to my question, "Will I retain all of my normal owned uses of this beach"
We can live with a crossing over, no recreating no beach fire, no picnic, no using our swim raft, sitting down at your picnic table. What type of easement would better suit. could the hours of use be identified and require signage posted?
What I have read about easements tells me they should be specific. Actually, I can find no definition of a Recreational Easement. I am completely aware that Washington state is one of the few states that granted in the 1800's deeded owned beaches and most object today
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  socrateaser replied 7 months ago.
Hello, The easement is a "right of way," for the sole purpose of ingress and egress to the public beach. The easement should expressly identify the location of the path, by means of surveyor marks, so there can be no misinterpretation. The path should have a fence on each side, again so no one can use any other part of the property -- otherwise, trespassers could establish a wider or different path as a prescriptive easement. The general rule for beach access is that it must be unimpeded, which means that it must be available whenever the beach is open to the public -- which in many communities is all day -- everyday. The rest of the property should exhibit "no trespassing" signs. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!
Expert:  socrateaser replied 7 months ago.
Hello again,I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!

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