V

The vacant lands doctrine was articulated in N.W. Cities Gas Co, v. W. Fuel Co., 13 Wn.2d 75, 123 P.2d 771 (1942). It held that in cases of vacant land, there is a presumption that the use was permissive. To prevail on a prescriptive easement claim when the vacant land doctrine applies, the claimant must present evidence rebutting the presumption. This is an exception to the general rule that in cases where the land is developed, if the claimant proves the elements of adverse possession, there is an assumption the use was adverse. See generally 17 WILLIAM B. STOEBUCK, WASHINGTON PRACTICE: REAL ESTATE: ...