Title 64 — Title 64 REAL PROPERTY AND CONVEYANCES

The following definitions apply throughout the section [The definitions in this section apply throughout this chapter] unless the context clearly requires otherwise.(1) "Appurtenant easement" means an easement tied to or dependent on ownership or occupancy of a unit or a parcel o…

A servient estate owner may relocate an easement under this chapter only if the relocation does not materially:(1) Lessen the utility of the easement;(2) After the relocation, increase the burden on the easement holder in its reasonable use and enjoyment of the easement;(3) Impai…

(1) To obtain an order to relocate an easement under this chapter, a servient estate owner must commence a civil action.(2) A servient estate owner that commences a civil action under subsection (1) of this section:(a) Shall serve a summons and complaint on:(i) The easement holde…

(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…

A servient estate owner is responsible for reasonable expenses of relocation of an easement under this chapter, including the expense of:(1) Constructing improvements on the servient estate or dominant estate in accordance with an order under RCW 64.65.040;(2) During the relocati…

After the court, under RCW 64.65.040, approves relocation of an easement and the servient estate owner commences the relocation, the servient estate owner, the easement holder, and other parties in the civil action shall act in good faith to facilitate the relocation in complianc…

(1) If an order under RCW 64.65.040 requires the construction of an improvement as a condition for relocation of an easement, relocation is substantially complete, and the easement holder is able to enter, use, and enjoy the easement in the new location, the servient estate owner…

(1) Relocation of an easement under this chapter:(a) Is not a new transfer or a new grant of an interest in the servient estate or the dominant estate;(b) Is not a breach or default of, and does not trigger, a due-on-sale clause or other transfer-restriction clause under a securi…

The right of a servient estate owner to relocate an easement under this chapter may not be waived, excluded, or restricted by agreement even if:(1) The instrument creating the easement prohibits relocation or contains a waiver, exclusion, or restriction of this chapter;(2) The in…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.[ 2023 c 6 s 212.]

This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the not…

(1) Except as otherwise provided in subsection (2) of this section, this chapter applies to an easement established by express grant or reservation or by prescription, implication, necessity, estoppel, or other method.(2) This chapter may not be used to relocate:(a) A public util…

This chapter applies to an easement created before, on, or after July 23, 2023.[ 2023 c 6 s 214.]

RCW 64.65.010 through 64.65.130 may be known and cited as the uniform easement relocation act.[ 2023 c 6 s 201.]