Dunlap Investors Ltd. v. Hogan

CAMERON, Justice.

This is an appeal from the summary judgment granted by the trial court in favor of appellee, Catherine M. Hogan. The effect of the summary judgment was to establish Hogan’s right to a parking easement on appellant Dunlap Investor’s real property. From that judgment, Dunlap appeals. We have jurisdiction pursuant to Rule 19(e), Arizona Rules of Civil Appellate Procedure, 17A A.R.S.

We must answer the following questions on appeal:

1. Was the description of the easement in the instant case so vague as to be unenforceable against an innocent third party?

2. Does knowledge by the…