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26 Wash. L. Rev. & St. B. J. 125 (1951)
The Implied Easement and Way of Necessity in Washington

handle is hein.journals/washlr26 and id is 131 raw text is: WASHINGTON LAW REVIEW AND STATE BAR JOURNAL EDITORIAL BOARD OF THE LAW SCHOOL JOANN R. LocKE, Editor JOHN C. HuSTON, Associate Editor CHARLES P. MORIARTY, JR., Contributions Editor JOHN F. HANSLER, Business Manager Ram6N E. BROWN ROGER K. GARRISON RONALD E. MCKINSTRY KEITH M. CALLOW JOHN J. GBBONS JOSEPH T. MIJICH CALVIN C. CULP HAROLD J. HUNSAKER ROBERT A. O'GORmAN JAMES M. DorLivER PHYLLIS A. KEMP DEAN C. SMITH WILLIAi% L. DWYER ALAN A. McDONALD RAYMOND C. SWANSON MILTON D. GREEN, Faculty Adviser JOHN W. RIcHARDs, Faculty Business Manager The Far Eastern Section is jointly sponsored by the Law Reziew and the Far Eastern Institute. COMMENTS THE IMPLIED EASEMENT AND WAY OF NECESSITY IN WASHINGTON HAROLD J. HUNSAKER The implied easement arises by inference of law when certain facts concerning the conveyance of land are found by the court. There are two general fact patterns: (1) prior to severance of land there exists a quasi-easement' for the benefit of one part of the land to the detri- ment of the other; (2) after conveyance of part of a tract of land, the grantor or grantee has no access to land respectively retained or con- veyed. The easement arising from the former will be termed an im- plied easement while the latter will be referred to as a way of necessity. Though both easements are implied, the two will be dis- tinguished by the above terminology to facilitate discussion. I think some inaccuracy of thought and expression has arisen in discussion by bench and bar of this doctrine of the creation of an 'A land owner cannot have an easement over his own land. The term quasi- easement is used to denote the use of one part of land for the benefit of another while both parts are held under common title. The quasi-easement is not a legal relation. 3 TIFFANY, REAL PROPERTY § 781 (3rd. ed. 1939). 125

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