Can a Recorded Survey Bring an Easement Into Being?
A recent Washington State court of Appeals case looked at a dispute around an easement and if it were properly created and recorded in Solberg v. River Park Estates Property Owners Association, No. 40743-8-III (Wash. Ct. App. Div. III, Nov. 10, 2025).
The Case:
Erik and Megan Solberg bought their home in River Park Estates in 2019. After closing, they learned that the homeowners association (HOA) claimed a right to use part of their property as an entrance easement. The HOA pointed to a 1998 amended survey showing a 45-by-75-foot area labeled “Entrance Easement.” But the Solbergs’ deed did not mention it, and no one had ever told them that part of their lot was burdened by an easement.
The Solbergs went to court seeking a declaratory judgment and an order quieting title to confirm the HOA had no rights over their land. The HOA argued that the survey, along with the developer’s intent, was enough to create the easement. The trial court sided with the HOA and dismissed the Solbergs’ claims. Subsequently the Solbergs appealed.
The Washington Court of Appeals reversed the decision. It ruled that the HOA’s claimed easement did not exist because no written instrument ever granted or reserved it. Under RCW 64.04.010 and RCW 64.04.020, all real property interests in Washington, including easements, must be conveyed by a signed written deed showing a clear intent to grant or reserve that right. The 1998 amended survey did not meet those requirements. It was not signed or acknowledged and merely labeled the area as an easement without any granting or reserving language.
The court also looked at the 1998 “Haff-Berry Deed,” which transferred the property around the same time as the 1998 amended survey. That deed made general references to easements of record and to the 1998 survey, but it did not actually grant or reserve the entrance easement. The only specific rights reserved were related to water-system maintenance. Because the deed did not contain the necessary language showing intent to create or keep an easement, none was created. The HOA could not claim rights that were never granted. The court sent the case back to the trial court with instructions to enter judgment for the Solbergs.
Why It Matters to Homeowners
This case should serve as a cautionary tale for any property owner or aspiring property owner. It is important to understand that a line or phrase appearing on a map, drawing, or survey may not actually represent what it purports to represent. For an easement to exist, it must have been properly created in writing and recorded. Surveys, declarations, or intent statements do not retroactively impute absent language that would have granted or reserved an easement. Property owners, HOAs, and developers often assume an easement exists just because it is drawn on a plan or mentioned in passing, but Washington law requires more.
If you are buying or selling property, or if a neighbor or HOA claims a right to use your land, it is worth checking what your deed and title documents actually say. As Solberg shows, sometimes the documents that people rely on cannot hold up once the law is applied.
The analysis provided here is not meant to be taken as legal advice. Easement and boundary issues are almost always unique and complex. If you find yourself in a situation where you need assistance, consulting with legal counsel about your specific circumstances is critical to understanding your property rights and responsibilities. The attorneys at Beresford Booth have extensive experience with real property issues. If you have any questions regarding easements that affect your rights, please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.