Kunkel v. Fisher

In a claim for a prescriptive easement, the use of another’s property is presumed to be permissive. The trial court erred when it failed to apply this presumption to the Kunkels’ claim of a prescriptive easement over the Fisher property. Because the Kunkels did not put forth sufficient evidence to overcome the presumption, we reverse.

FACTS

The Kunkels operated a house-moving business and kept trucks at their home in Lynnwood, Washington. By at least 1977, John Kunkel began parking trucks at the back of his property. The access to the back of his property was across adjacent property belonging…