Green v. Lupo
Court of Appeals of Washington
647 P.2d 51 (Wash Ct. App. 1982)
The Greens (plaintiffs) sold part of their land to Lupo (defendant) in exchange for an easement over Lupo's retained tract, memorialized in a written agreement granting the easement to "Don Green and Florence B. Green" "for ingress and egress for road and utilities purpose" to access the land the Greens kept for building and living in a cabin; the Greens later used part of their remaining land for mobile homes, and some residents used the easement as a motorcycle practice runway, prompting Lupo to block the easement and refuse to formally grant it. The Greens sued to specifically enforce the easement agreement, the trial court found the easement was personal to the Greens only and barred motorcycle use, and the Greens appealed.
Whether an easement granted by name to specific individuals, for purposes of accessing and benefiting their retained land, is an easement appurtenant to that land or a merely personal easement in gross.