Hoffman v. Skewis

Plaintiffs, owners of the dominant estate, appeal entry of a summary judgment which awarded defendants, owners of the servient estates, a joint easement with plaintiffs. The dispositive issue is whether issues of fact exist regarding plaintiffs' claim they established an exclusive easement by prescription. We reverse and remand for trial.

In 1949, plaintiffs' predecessor, Edward Thornton, brought a condemnation action against defendants' predecessors, Charles and Lillian Truex, to establish a private way of necessity across the latter's land. See RCW 8.24.010. The court awarded Thornton a…