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Brown v. Voss: Difference between revisions
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|date=March 6, 1986 | |date=March 6, 1986 | ||
|subject=Property | |subject=Property | ||
|facts=* 3 parcels of land were arranged south to north: | |facts=*3 parcels of land were arranged south to north: | ||
# parcel C = driveway easement | #parcel C = driveway easement | ||
# parcel B = Brown's property = dominant estate | #parcel B = Brown's property = dominant estate | ||
# parcel A = Voss's property = servient estate | #parcel A = Voss's property = servient estate | ||
Thus, A had to pass through parcel B in order to reach the driveway easement. | Thus, A had to pass through parcel B in order to reach the driveway easement. | ||
* Later, parcel C = driveway's easement = purchase by Brown | *Later, parcel C = driveway's easement = purchase by Brown | ||
* Brown 1st met Voss when Brown complained about a trespass by Voss's nephew | *Brown 1st met Voss when Brown complained about a trespass by Voss's nephew | ||
*Subsequently, Brown built a house that straddled parcels B & C (both of which Brown owned by this time) | |||
*Brown & Voss had a fist-fight. | |||
* | * | ||
* | |||
|procedural_history=*Brown sued Voss over the easement between parcels B & A. | |||
*Voss lost in the trial court. | |||
*Voss won in the court of appeals in the state of Washington. | |||
|issues=Can the owner of a dominant estate [Brown] use the easement to access property acquired later [parcel C], if the use doesn't place an additional burden on the servient estate [parcel A = Voss]? | |||
|holding=Justice Brachtenbach: The owner of a dominant estate [Brown] can use the easement to access after-acquired property [parcel C] if no additional burden is placed on the servient estate [parcel A of Voss]. | |||
|judgment=Reversed | |||
|reasons=Court: Voss had suffered no real injury. | |||
|comments=By the time Brown won this case, he had lost parcel B in foreclosure & property C for failing to pay property taxes! | |||
Afterwards, Voss bought the middle parcel B. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://law.justia.com/cases/washington/supreme-court/1986/51283-3-1.html | |link=https://law.justia.com/cases/washington/supreme-court/1986/51283-3-1.html |
Latest revision as of 21:13, March 3, 2024
Brown v. Voss | |
Court | Washington Supreme Court |
---|---|
Citation | 715 P.2d 514 |
Date decided | March 6, 1986 |
Facts
- 3 parcels of land were arranged south to north:
- parcel C = driveway easement
- parcel B = Brown's property = dominant estate
- parcel A = Voss's property = servient estate
Thus, A had to pass through parcel B in order to reach the driveway easement.
- Later, parcel C = driveway's easement = purchase by Brown
- Brown 1st met Voss when Brown complained about a trespass by Voss's nephew
- Subsequently, Brown built a house that straddled parcels B & C (both of which Brown owned by this time)
- Brown & Voss had a fist-fight.
Procedural History
- Brown sued Voss over the easement between parcels B & A.
- Voss lost in the trial court.
- Voss won in the court of appeals in the state of Washington.
Issues
Can the owner of a dominant estate [Brown] use the easement to access property acquired later [parcel C], if the use doesn't place an additional burden on the servient estate [parcel A = Voss]?
Holding
Justice Brachtenbach: The owner of a dominant estate [Brown] can use the easement to access after-acquired property [parcel C] if no additional burden is placed on the servient estate [parcel A of Voss].
Judgment
Reversed
Reasons
Court: Voss had suffered no real injury.
Comments
By the time Brown won this case, he had lost parcel B in foreclosure & property C for failing to pay property taxes!
Afterwards, Voss bought the middle parcel B.