Maier v. Giske
Washington Court of Appeals
223 P.3d 1265 (2010)
Elizabeth and James Maier (plaintiffs) owned property near land owned by Nancy Giske (defendant), who cared for an adjoining parcel belonging to her son Max Batres. The Maiers' deed granted a non-exclusive easement over a roughly 15-foot strip extending onto Batres's property, describing its northern, eastern, and western boundary lines, and a shared gravel driveway ran along that easement connecting all three parcels. After Giske built a fence and planted shrubs along the easement, blocking the Maiers' planned vehicle turnaround, they sued for trespass, nuisance, and interference with easement rights; Giske counterclaimed to quiet title and moved for summary judgment, arguing the easement was void under the statute of frauds for failing to adequately describe the servient estate. The trial court dismissed the Maiers' claims, and they appealed.
Whether, in Washington, the statute of frauds is satisfied for an easement if its location can be ascertained from the deed's description or located on a specific servient estate.