easement factors (Washington) · Go Syfert
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easement factors in Washington

5 Washington opinions name it 2 courts 1987–2018 0 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Washburn v. Essergreen
washctapp · 1973 · cited in 1 Washington opinions naming this issue, 1997–1997
1 sentence

1997If the use of the easement *183 acquired by the oral grant continues for the prescriptive period of 10 years in a manner that is open, notorious, continuous and adverse to the owner of the land, the oral grant then ripens into a prescriptive easement[.] Id. at 172 (citations omitted).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Spencer v. Kosir green
wisctapp · 2007
2 sentences

2018Therefore, we hold that Potato Patch’s claim on this basis fails. 12 To this point, Potato Patch argues that the trial court should have determined the location of the easement by applying the factors outlined by the Wisconsin Court of Appeals in Spencer v. Kosir, 2007 WI App 135, ¶ 13 , 301 Wis.2d 521, 529 , 733 N.W.2d 921 .

2018Therefore, we hold that Potato Patch’s claim on this basis fails. 12 To this point, Potato Patch argues that the trial court should have determined the location of the easement by applying the factors outlined by the Wisconsin Court of Appeals in Spencer v. Kosir, 2007 WI App 135, ¶ 13 , 301 Wis.2d 521, 529 , 733 N.W.2d 921 .

12018–2018
Kobza v. Tripp green
washctapp · 2001
1 sentence

2017An action to quiet title “is equitable and designed to resolve competing claims of ownership.” Kobza v. Tripp, 105 Wn.

12017–2017
Karb v. City of Bellingham green
wash · 1963
2 sentences

2012Meanwhile, other decisions such as Karb v. City of Bellingham, 61 Wn.2d 214 , 377 P.2d 984 (1963), and secondary sources like 6 Washington State Bar Association, Washington Real Property Deskbook § 91.9 (3d ed. 2001) {Deskbook), discuss the importance of the distinction between common law dedication and statutory dedication for determining the nature of the interest the public acquires. ¶14 We agree with the Graveses that there is a distinction between common law dedications and statutory dedications.

2012Meanwhile, other decisions such as Karb v. City of Bellingham, 61 Wn.2d 214 , 377 P.2d 984 (1963), and secondary sources like 6 Washington State Bar Association, Washington Real Property Deskbook § 91.9 (3d ed. 2001) {Deskbook), discuss the importance of the distinction between common law dedication and statutory dedication for determining the nature of the interest the public acquires. ¶14 We agree with the Graveses that there is a distinction between common law dedications and statutory dedications.

12012–2012
Nollan v. California Coastal Commission green
scotus · 1987
2 sentences

1987Nollan, 107 S. Ct. at 3151-53 .

1987Nollan, 107 S.Ct. at 3151-53 .

11987–1987

Where else courts name it

CA 17 (1893–2025) TX 15 (1921–2025) IL 14 (1895–2023) NC 7 (1907–2022) PA 7 (1890–1982) NY 7 (1884–2013) ME 6 (1843–2020) CO 6 (1988–2024) MT 5 (1969–2025) MO 5 (1959–1992) ID 5 (1995–2018) WA 5 (1987–2018) KY 5 (1970–2024) NV 5 (1988–2018) AL 4 (1909–2014) VA 4 (2003–2025) MI 4 (1935–1981) CT 3 (1994–2016) MA 3 (1995–2023) MD 3 (1972–2012) WI 2 (1924–1993) IA 2 (1998–2000) OR 2 (2001–2018) SD 2 (2000–2023) WY 2 (2005–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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