Green v. Lupo

647 P.2d 51 (1982)

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Green v. Lupo

Washington Court of Appeals
647 P.2d 51 (1982)

SC
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Facts

Don and Florence Green (plaintiffs) owned a parcel of land. They sold a portion of the land to Lupo (defendant). Lupo requested a deed release for a part of the property, and the Greens agreed in exchange for the promise of an easement over part of Lupo’s tract. The terms of the easement were contained in a written agreement that provided, among other things, that the easement was promised to “Don Green and Florence B. Green” and that the easement was “for ingress and egress for road and utilities purpose.” The easement was to allow the Greens to have access to the land retained by the Greens to build and live in a cabin. The Greens used some of their remaining land for mobile homes, and some of the mobile-home residents used the easement as a practice runway for their motorcycles. This caused tension between Lupo and the Greens, and Lupo refused to formally grant the easement. Lupo also blocked the easement to restrict access from the Greens’ property. The Greens brought suit to specifically enforce the easement agreement. The lower court found that the easement was personal to the Greens and could be used only by them for ingress and egress for their own cabin. The court also prohibited the use of motorcycles on the easement. The Greens appealed.

Rule of Law

Issue

Holding and Reasoning (Petrich, C.J.)

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