Brown v. Voss

• 3 parcels of land were arranged south to north:

1. parcel C = driveway easement
2. parcel B = Brown's property = dominant estate
3. 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.

• 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.

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]?

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].

Reversed

Court: Voss had suffered no real injury.

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.