Brown v. Voss
Supreme Court of Washington
715 P.2d 514 (1986)
A 1952 easement across Parcel A granted access solely for Parcel B; Brown (plaintiff) later acquired both Parcel B and the adjoining Parcel C (originally unconnected to the easement) and planned to build a house straddling both parcels. Voss (defendant), who acquired Parcel A, blocked the easement with a fence, logs, and a concrete sump after Brown had already spent nearly $11,000 preparing to build; Brown sued to remove the obstructions, and Voss countersued to bar Brown from using the easement to reach anything but Parcel B. The trial court found no significant increase in easement traffic, that Parcel C would otherwise be landlocked, and that an injunction would be impractical, and ruled for Brown; the court of appeals reversed, and Brown appealed further.
Whether using an easement appurtenant, granted for the benefit of one specific parcel, to also access an adjoining parcel not covered by the original grant constitutes an actionable misuse of the easement.