Imrie v. Kelley

¶1 Steve and Kathy Kelley appeal the superior court’s grant of a prescriptive easement to Roscoe Imrie for use of a road to access other pieces of Mr. Imrie’s property. We conclude the findings of fact do not support the trial court’s conclusion that Mr. Imrie’s use of the road was adverse. We conclude the findings support a reasonable inference of permissive use and, thus, we reverse.

Kulik, C.J.

FACTS

¶2 The following findings of fact are unchallenged and, therefore, are verities on appeal. See State v. O’Neill, 148 Wn.2d 564, 571, 62 P.3d 489 (2003).

¶3 In 1951, Roscoe Imrie, his father, and…