Maier v. Giske
Washington Court of Appeals
223 P.3d 1265 (2010)
Elizabeth and James Maier (plaintiffs) owned property to the east of a parcel of land owned by Nancy Giske (defendant). To the south of Giske’s land was a parcel of property owned by Giske’s son, Max Batres. Giske was caretaker of her son’s land as Batres did not live on the property. The Maiers’ deed of conveyance included a non-exclusive easement over a strip of land approximately 15 feet in width that extended onto Batres’ property. A gravel driveway linking the three parcels was located along the easement. Giske constructed a fence and planted shrubs along the easement. The Maiers objected and claimed the fence was located on their easement and blocked their ability to construct a vehicle turnaround. The Maiers brought suit against Giske alleging claims of trespass, nuisance, and interference with their easement rights. Giske counter-claimed and sought an order to quiet title to a portion of the easement. Prior to trial, Giske moved for summary judgment dismissal of the Maiers’ claims. Giske argued that the easement was void for failure to comply with the statute of frauds because it did not sufficiently describe the servient estate. The trial court dismissed the Maiers’ claims. The Maiers appealed.
Rule of Law
Holding and Reasoning (Lau, 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 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 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.