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Property Keyed to Rabin
Brown v. Voss
Citation:
Supreme Court of Washington, 1986; 715 P.2d 514ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
In 1952, the owners of a tract of property (Parcel A), granted to the owners of the neighboring tract (Parcel B) a private road easement across Parcel A for ingress and egress from Parcel B. In 1973, Defendants acquired Parcel A, and in 1977 Plaintiffs bought Parcel B and C.
Upon purchasing these parcels, Plaintiffs began constructing a single-family dwelling on the boundary line shared by Parcel B and C. Plaintiffs used the Parcel A easement to access Parcel B and C for construction. After the Plaintiffs completed over a year of construction and spent over $11,000 in expenses, the Defendants barred the Plaintiffs from using the easement.
Plaintiffs sued Defendants asking the court to allow them to use the easement. Defendants filed a counterclaim requesting damages and an injunction for Plaintiffs to stop using the easement to access Parcel C. The trial court ruled for Plaintiffs as long as they used the property they were constructing, solely for a single-family residence. Defendants appealed and the Court of Appeals ruled for Defendants. Plaintiffs appealed this decision.
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Topic Resources
Topic Videos
Topic Outline
EasementsTopic Refresher Course
Easements: Scope Duration and Transfer