Waterway Access and Vacating Easements

Michael,

Attached you will find the RCW that the county may not vacate the access to a body freshwater. I am not an attorney, but the “public” in my opinion could be considered the residents with in the plat. The governing agency would possibly be the HOA. Everywhere on all mapping shows that easement across the lots to be to the OHWM of the Cowlitz river. The plats show the “Private” roads with no clarification of who has the maintenance agreement(s).

I have not seen anywhere where the easements to the HOA have been restricted to the property owners along that stretch of the easement and to the “the uphill / stream” of the easement. Even if that is the case, then wouldn’t the end user be the State of Washington (DNR) since the owner of the navigable waterway is the State? There is one other access that is 2900 feet downstream, which has not been used previously.

It is my understanding that the act of blocking an easement is considered the hostile act and an attempt to reclaim that right of enjoyment, and have the same limitations as an adverse possession claim. Which under the adverse possession clam/prescriptive rights, the HOA has property owners included in the HOA Body, that have used that access for many years.

You will have to discuss all of this with your attorney(s) for legal definitions and clarity.

John W. Goodman, PLS

Foresight Surveying Inc.

1583 N. National Ave. Chehalis, WA 98532

Office: (360)748-4000

 

2001108

3228404R

RCW 36.87.130