Brown v. Voss

Citation

105 Wash. 2d 366 (1986)

Facts

Stub — to be completed.

Issue

Stub — to be completed.

Holding

Stub — to be completed.

Rule

Use of an easement appurtenant to benefit a non-dominant parcel constitutes misuse of the easement, but an injunction is not automatic; courts balance the equities, including actual harm to the servient estate.

Significance

Washington Supreme Court declined injunction despite easement misuse where no actual harm was shown; illustrates equitable flexibility in easement cases.

Courses