Short answer
Easements and shared access arrangements are common in Greater Seattle's infill and older residential neighborhoods — and frequently underestimated by buyers. A shared driveway looks like a convenience until there is a dispute about who pays for repaving. An alley access property is fine until you discover the HOA or prior owner granted a right-of-way that limits how you can fence or build. These conditions do not prevent a purchase, but they require review before you close. The preliminary title report is where they appear. Understanding what you are looking at — and what questions to ask — is the work to do during the due diligence period.
What easements are in Washington State
An easement is a legal right to use another party's land for a specific, defined purpose. In Washington, because an easement is an interest in land, it must be in writing to be enforceable — this is governed by the state's statute of frauds (RCW 64.04.010). Easements recorded with the county are attached to the title and transfer with the property when it sells.
The two types buyers most commonly encounter:
Easement appurtenant. This type benefits a specific neighboring parcel (the "dominant estate") and burdens the property you are buying (the "servient estate"). An easement appurtenant runs with the land — it does not disappear when the property sells. If you are buying a property that is burdened by an easement, the next buyer of the neighboring parcel has the same rights under that easement. If you are buying the dominant estate, you are acquiring the benefit of access across someone else's land.
Easement in gross. This type benefits a specific party rather than a neighboring parcel — utility easements are the most common example. These allow utility companies to access, maintain, and repair infrastructure that crosses or runs beneath the property.
Where easements appear: the preliminary title report
Easements affecting a property are disclosed in the preliminary title report, which is issued by the title company after a purchase and sale agreement is signed. The report lists encumbrances on the property — including recorded easements, CC&Rs, and rights-of-way. Buyers should read the easement descriptions in the title report, not just note their existence.
Key questions to ask when you see an easement listed:
- What is the easement for, and who benefits from it?
- Where is it located on the property — does it affect the area where you want to build, park, or landscape?
- Who has maintenance and repair responsibility under the easement terms?
- Are there any current disputes or claims related to the easement?
Easements are also required to be disclosed in Washington State's Form 17 seller disclosure statement, in the section covering title matters and access. A "yes" or "unknown" response on the easement questions in Form 17 should prompt review of the title report and, if necessary, a conversation with a title or real estate attorney.
Shared driveways: what to verify
Shared driveways are common in Greater Seattle — particularly for properties on flag lots, older subdivisions with narrow frontage, and newer infill developments where parcels share a single curb cut. The practical considerations buyers should verify:
Maintenance responsibility. Who is responsible for repaving, snow removal, and general upkeep of the shared driveway? The easement document may specify a cost-sharing arrangement. If it is silent or vague, disputes between neighbors are common. Ask your agent to request a copy of the specific easement document so you can review the maintenance language.
Width and access. Is the shared driveway wide enough for your actual daily-use needs — including moving trucks, service vehicles, or any vehicle-dependent use you rely on?
Adjacent development. In areas where infill development is ongoing, a neighboring parcel's development or subdivision could affect how a shared easement functions. If a parcel behind yours has development potential that depends on shared access across your property, understand what rights that creates.
Alley access: specific Seattle context
Many Seattle neighborhoods — particularly in Capitol Hill, Central District, Wallingford, and older grid-plan areas — have alleys running behind properties. Alley access can be a property feature (rear garage access, reduced street traffic) or a complication (right-of-way constraints on what you can build along the rear lot line).
Key things to verify for properties with alley access:
Is the alley public or private? A public alley is maintained by the city. A private alley may have its own easement and maintenance arrangement shared among adjacent property owners. The City of Seattle has established easement requirements for private alley access situations — review the title report and any recorded easement to confirm how the alley's use and maintenance is governed.
What can be built along the alley frontage? SDCI has specific setback and access requirements for alley-adjacent development. If you are considering adding an ADU, carriage house, or garage, verify the applicable setbacks before assuming rear-alley access creates unrestricted development flexibility.
Encroachments. Older properties along alleys sometimes have fences, structures, or encroachments that may or may not be within the property boundary. A property survey — which is a separate document from the title report — shows the actual property boundary relative to improvements.
When an easement is a bigger concern
Most easements affecting residential properties in Greater Seattle are routine — utility easements that cross the rear or side of the lot, for example, rarely affect daily use. But some conditions warrant more careful review:
- The easement significantly restricts where you can build, add a structure, or make landscaping changes in areas you plan to use
- The easement is poorly defined in its terms, creating ambiguity about scope or maintenance
- The easement is disputed or there is an active claim related to it (this should surface in Form 17 or title review)
- You are buying a property that depends on an easement across a neighbor's land for legal access — meaning if that easement were ever challenged or blocked, your access to the property would be affected
For any of these conditions, consultation with a real estate attorney before removing contingencies is appropriate. Understanding the legal rights you are acquiring — and any obligations that come with them — is the kind of review that protects buyers from surprises after closing.