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Maier v. Giske

Washington Court of Appeals
154 Wash. App. 6, 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.)

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