Roads vacated by operation of law: Do you own half of that unused alley behind your house?

Washington statute provides that any county road, or part of a county road, that remains unopened for public use for a period of five years is vacated by operation of law (RCW 36.87.090). In 1909, the state legislature added a condition to the statute exempting dedicated roads, but it does not exempt county roads dedicated and unopened for five years prior to 1909.

How do you know if that applies to you?

If adjacent to your property is a right-of-way (i.e. an alley or road) that has not been built out then depending on when your parcel first appears on a plat map along with the right-of-way, the right-of-way could be vacated by operation of law.

Generally, when a right-of-way is vacated by operation of law, each abutting property owner will own to the center line of the right-of-way. For example, if your property abuts a 30-foot alley that has remained unopened to the public within the statutory timeline, then you could be able to gain ownership of the 15-foot strip of the alley abutting your property.

What does the process look like?

In most cases, a quiet title action can be filed to gain ownership to the right-of-way. A land use attorney can prepare and file a petition on your behalf. Land use consultants can help determine if your property and adjacent right-of-way are eligible.

Heather Wolf at Wolf Lee Hurst & Slattery PLLP recently helped one of my clients with exactly this via a quiet title action filed with the cooperation of the local jurisdiction. The process took approximately six months.

If you’re interested in whether this applies to your property, don’t hesitate to reach out.