Supreme Court of Washington
886 P.2d 564 (1995)
Norman and Marjorie Berg (plaintiffs) own a tract of land adjacent to a tract of land previously owned by John and Beverly Cahill. On the other side of the Cahills’ property lay a tract of land owned by Mr. and Mrs. Stuart Young. In 1983, the Cahills and the Youngs agreed to subdivide their properties and submitted a short plat application to the city. The Bergs officially opposed the application. In 1984, the Bergs, the Cahills, and the Youngs entered an agreement under which the Bergs would withdraw their opposition in exchange for an easement over the Cahills’ property. A grant of easement was recorded on June 18, 1984. The grant gave the parties the freedom to select the exact location of the easement within tracts A and B. Tracts A and B were to be specifically defined once the short plat application was approved and recorded. The short plat application was not approved until May 2, 1988. By then, it had been considerably reconfigured and redesignated. As a result, the portion of the Cahills’ property described in the grant did not actually depict the area where the easement would actually exist. In October 1988, Robert Y. and Kathy Ting (defendants) purchased the Cahills’ property. The Tings’ deed did not mention the Bergs’ easement and the Tings refused to recognize it. The Bergs brought suit in March 1990 to quiet title in the easement. The trial court and Court of Appeals held that the grant of the easement was void for failure to satisfy the statute of frauds. However, the Court of Appeals held that the grant of the easement was nevertheless enforceable under the doctrine of part performance.
Rule of Law
Holding and Reasoning (Brachtenbach, J.)
Concurrence/Dissent (Durham, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 199,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.