Washington’s Uniform Easement Relocation Act (UERA): A New Option For Property Owners

If (1) you own property in Washington burdened by an easement, (2) you wish that easement was located somewhere else on your property, and (3) you have been unable to reach an agreement with the easement owner, a recently-adopted Washington law may provide a path forward.

What is the Uniform Easement Relocation Act (UERA)?

In 2023, the Washington State Legislature passed the Uniform Easement Relocation Act (“UERA”), which is now codified at RCW Ch. 64.65. The UERA provides owners of property burdened by an easement (the “servient estate”) a mechanism to unilaterally relocate the easement, so long as (1) the easement is eligible for relocation, (2) the prescribed process is followed, and (3) the property owner pays certain associated expenses.

Washington’s UERA was based on a model uniform easement relocation act that was adopted by the Uniform Law Commission in 2020.  Prior to the UERA’s adoption, relocating an existing easement in Washington required the consent of both the property owner and the easement owner(s). As a result, if the easement owner was unwilling to agree to a relocation (or if they made their agreement contingent on meeting excessive and/or unrealistic demands), the property owner was simply stuck with the easement’s location. Now, Washington’s UERA provides property owners in such situations with a potential path forward.

What easements are eligible for relocation?

To be eligible for relocation under the UERA, the requirements listed in RCW 64.65.020 must be met. These requirements include that the relocation of the easement must not materially:

-Lessen the utility of the easement;

-Increase the burden on the easement holder in its reasonable use and enjoyment of the easement;

-Impair a purpose for which the easement was created; and

– Disrupt the use and enjoyment of the easement by the beneficiary during the relocation (unless the duration and nature of the disruption is substantially mitigated).

The relocation also must not impair any security or leasehold interests in the easement owner’s property.

RCW 64.65.120 specifically excludes certain types of easements from the UERA, namely: public utility easements, conservation easements, and negative easements (easement with a primary purpose of imposing a duty not to engage in a specific use within the easement area).

What is the process to relocate an easement?

Relocating an easement under the UERA requires commencing a civil action in state court. Pursuant to RCW 64.65.030(3), the court filing must include:

-The intent of the property owner to seek the relocation;

-The nature, extent, and anticipated dates of commencement and completion of the proposed relocation;

-The current and proposed locations of the easement;

-The reason the easement is eligible for relocation under RCW 64.65.120;

-The reason the proposed relocation satisfies the conditions for relocations under RCW 64.65.020; and

-A statement that the property owner has made a reasonable attempt to notify the holders of any public utility easement, conservation easement, or negative easement on the properties                       involved of the proposed relocation.

If all applicable criteria have been met, the court may enter an order (that meets the requirements of RCW 64.65.040(2)) approving the relocation of the easement. The property owner must then record a copy of the order in the official land records of the jurisdiction (prior to proceeding with the relocation).

Who pays for the costs associated with the easement relocation?

The UERA obligates the property owner seeking relocation to pay all reasonable expenses associated with the relocation, which includes the cost of (see RCW 64.65.050 for the full list):

-Constructing any improvements necessary to relocate the easement;

-Obtaining government approval or permits for the relocation and/or any construction;

-Any title work required;

-The costs of preparing and recording the required documents; and

-Payment of any ongoing maintenance costs associated with the relocated easement (that are greater than the maintenance costs associated with the easement prior to relocation).

Conclusion

In a situation where an agreement can be reached between the property owner and the easement owner, relocating an easement by mutual agreement will continue to be the most straightforward option. But in situations where such an agreement cannot be reached, the UERA may provide property owners with a legal alternative for relocating the easement.

If you have questions about the UERA or want to explore the possibility of relocating an easement burdening your property, a lawyer experienced in property law can help.