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While moving around the City of Edmonds these days, one may notice the placement of campaign signs often reflects how the property owners living adjacent to that street (the servient estate holders) are going to vote. Servient estate holders are those who retain fee title to property that is subject to the city’s right-of-way easements. The city’s right-of-way easements allow the city to improve and open streets on land the city does not own.
Why do the property owners living adjacent to a street get to decide which campaign signs can be placed next to the street? They get to do so because servient estate holders possess greater rights over their land than the general public, even when their land is subject to a public right-of-way easement.
The law in Washington State is well settled that the respective rights of the owners of the servient estate and the dominant estate are not absolute. The respective rights “must be construed to permit a due and reasonable enjoyment of both interests so long as that is possible.”
Servient estate holders also have greater responsibilities than the general public. As such, Edmonds City Code states the duty, burden and expense of constructing or repairing a sidewalk shall be upon the property owner directly abutting the sidewalk zone. Edmonds City Code also says it shall be the responsibility of the abutting property owner to maintain, repair and reconstruct adjacent planting strips in an attractive and safe manner, while continuing to provide stormwater management as required.
Sometimes the city chooses to not use its easement rights. An unopened right-of-way refers to an easement dedicated for public use that has never been physically developed or used for its intended public purpose.
According to the Municipal Research and Services Center (MRSC):
“If the right-of-way has not been opened and so is not improved, obstruction of public travel is, of course, not an issue, and the property owner is not subject to the same restrictions as when it is open and improved. Typically, property owners can use the unopened, unimproved right-of-way as they can the rest of their property, but subject to the possibility of it being opened and improved at some point in the future.”
The servient estate holder’s control over campaign sign placement is a strong indicator of property rights that are greater than the rights of the general public. When applied to unopened rights-of-way, these rights suggest that: The servient estate owner retains greater authority than the general public or city over land not actively used by the city for its easement purpose.
I encourage Edmonds City Council to make our City Code very clear that the use of an unopened right-of-way by the general public is subject to the servient estate holder’s consent. Let’s take what is known about campaign signs and use that knowledge for good. Please improve our City Code and protect servient estate holders by preventing city staff from issuing permits to use unopened rights-of-way without the servient estate holder’s consent.
Ken Reidy lives in Edmonds.
Signs on city property very close to the ballot box at the library, and on 5th and Bell near city council building. Was wondering how this all works, but sort of late now…unfortunately
Thanks Ken. You’ve answered a question that many folks have.
Thanks for reading this Ann.
It is the mayor’s duty to see that all laws and ordinances are faithfully enforced (ECC 2.01.010). This article discussed campaign sign laws:
https://myedmondsnews.com/2025/09/a-reminder-of-the-rules-regarding-political-campaign-signs-2/
I submitted this Reader View to help property owners better understand their rights and responsibilities related to the portions of their fee title property that are burdened by city right-of-way easements. If the city has never used its easement rights to improve and open a street or an alley, those rights and responsibilities are substantial.
If the city has improved and opened a street or an alley, property owners (the servient estate) still have more rights and responsibilities than the general public. For example, the city does not always improve the full width of its easement. In these situations, property owners are often able to make legal use of the area outside of the improved street or alley to extend their front yards, establish driveway grades, place campaign signs, etc.
Responsibilities can include sidewalk and/or planting strip construction and maintenance.
The city has claimed that streets comprise approximately 77% of the city’s public space and that streets can be reimagined:
https://myedmondsnews.com/2022/05/city-launches-engagement-aimed-at-reimagining-edmonds-neighborhoods-and-streets/
It is more complicated than that. The city does not own the fee title to the great majority of the streets and alleys in Edmonds. The property owners have rights (and responsibilities) also.
Your reader view is very informative! Thanks for writing.